OPM Disability Retirement Law: Places We Don’t Want to Be

Of actual places, or even of situations — of places we don’t want to be or circumstances we would rather not find ourselves in — of which we never think about.

It is interesting that the human mind gravitates toward the positive — Of places we would like to visit, books we would like to read, people we would like to meet, etc.  Is that the power of “positive thinking”, or of daydreams relishing the imagination filling the void which otherwise haunts our lives?

Sometimes, however, it is fruitful — and even necessary — to consider the potential negatives which may loom upon the horizon in order to prepare for contingencies in the event of a calamity.

The Federal or Postal worker would rather not contemplate a future in which he or she is no longer able to perform one or more of the essential elements of his or her job; or, there may come a time when your agency places you on a Performance Improvement Plan and initiates actions which leads to a removal — all, places you don’t want to be, but must consider.

Perhaps filing for Federal Disability Retirement benefits under FERS is a place you would rather not be — but again, it may be necessary to consider.

For those places you don’t want to be, contact an OPM Disability Lawyer who specializes in Federal Disability Retirement benefits, which is actually the first step in moving towards a place where you may actually want to be — of receiving a retiree annuity for OPM Disability Retirement benefits under FERS.

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.

 

Office of Personnel Management (OPM) Disability Retirement: Divide and Conquer

Perhaps it is not any one medical condition, alone which prevents the Federal or Postal employee from performing one’s Federal or Postal position; rather, the aggregation and combination of multiple conditions — of depression combined with chronic migraines; or back pain along with panic attacks and severe anxiety, etc. — prevents the Federal or Postal employee from performing all of the essential elements of one’s Federal or Postal position.

The U.S. Office of Personnel Management — the Federal Agency which reviews and makes the decision for an approval or a denial on all Federal Disability Retirement applications — is fully aware of this, but proceeds to divide and isolate each medical condition, minimizing the impact of that specific condition without taking into account the intersecting impact of all other medical conditions, and thereby denies the Federal Disability Retirement application by ignoring the aggregation and combined impact of one’s entirety of health concerns.

This is the age-old military maneuver of divide and conquer — divide and isolate the enemy’s flanks, then attack each individual and isolated division one by one until each are conquered separately and individually.  It is a tactic used by OPM in many cases, and done successfully — until and unless there is a counterattack utilizing and applying OPM laws governing Federal Disability Retirement benefits.

Contact an OPM Lawyer who specializes in Federal Disability Retirement Law, and begin to put together the strategy to counter OPM’s “Divide and Conquer” approach to Federal Disability Retirement Law.

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 for Federal Employees: The World We Create

It is a Kantian question which always remains a riddle: Of the extent to which our cognitive structures impose and mold the world around us; of the objective world that impinges and forces us to conform; and between the two, somehow, “reality” is encountered.

The world we “create” cannot be too far outside the periphery of the objective world; otherwise, the objective world will deem us insane and place you into protective custody — whether on the notion that you will potentially be a harm to yourself, or to others.  Thus, any world that we create must be within certain boundaries.

We cannot, for instance, create a reality where buses do not exist when we cross the street; but we can create one where outside intrusions are minimized, while riding a bus, by putting earphones on and listening to music, the news, etc.  We can create havens of respite, where we confine ourselves to our homes for a time in order to escape the stresses of the outer world; but we cannot seclude ourselves forever, because the reality of needing to interact with the outer world becomes, at some point, a social necessity.

Filing for Federal Disability Retirement under FERS is a way of creating our own world; for, the Federal or Postal employee who can no longer perform all of the essential elements of his or her job must still survive, and obtaining a Federal Disability Retirement annuity allows for a lifestyle to be maintained and a career to begin in another world we create.

Consult with an attorney who specializes in Federal Disability Retirement Law, and investigate the reality of the world we create — different from the one as presently lived.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Conflict of Priorities

It happens within friendships, within marriages; within all interactions of relationships, where contending forces of wants, desires, needs and goal-oriented activities intersect between one’s own and those of others.  Whether we can reorder and reorganize our own; to what extent the “other” is willing to subjugate or subordinate theirs in order to compliment your own; these are the filaments which bring about the illumination of a relationship, or leave it behind in the darkness of yesterday’s dreams.

The conflict of priorities is what destroys relationships, splits up marriages and divides friendships.  We often hear the euphemisms of life: “We drifted apart”; “We just didn’t see eye-to-eye on some things”; “We found ourselves arguing more than it was healthy to”, etc.  These are declaratives where conflict of priorities destroyed the friendship of relationships.

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, the conflict between taking care of one’s own health and performing at an acceptable level at one’s Federal or Postal job should never be in question.  Health should be priority number 1; all else, secondary.

If Federal Disability Retirement needs to be applied for because priority number 1 (one’s own health) ever comes into question, you should consult with an attorney who specializes in FERS Disability Retirement Law.  For, in the end, a conflict of priorities should never allow for the conflict to question the priority of one’s own health.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: The Whisper of Discontent

Seasons come and go; it is one of those ponderous “throw-away” lines that people utter without much thought, somewhat akin to the customary “hello, how are you” declarative that is stated without a pause as the speaker rushes quickly past without waiting for an answer.

Yes, and there are also winters of discontent — borrowed from the line in Shakespeare’s Richard III, and also, by happenstance, the title of the last novel by John Steinbeck; but more often, it is the whispers of discontent that prevail more pervasively, for “discontent” is not necessarily a lasting emotion, or even one that endures for a season; rather, it is whispered precisely because of its fluctuating characteristic.

We whisper it because we know that, like seasons and emotions, time may heal and further time will alter it; and others may whisper it because the fleeting nature of it may not stand the test of objectivity.  And when the whispers of discontent turn and become the louder shouts of adversity, we often failed to listen carefully and instead ignored the voices that forewarned of foreboding toils.

Medical conditions have a tendency to provide such preludes, as well.  One often knows well before a doctor tells us, whether and to what extent the chronicity and severity of the condition foretells; and whether and to what extent the impact upon one’s Federal or Postal career will be.

The law concerning Federal Disability Retirement requires that the medical condition must “last at least 12 months” — but that does not mean that one must endure a 12-month period of suffering before filing a Federal Disability Retirement application; rather, that the treating doctor or medical provider must provide a prognosis that the medical condition will last, at a minimum, that length of time.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the whisper of discontent comes about with the realization that the medical condition suffered is impacting upon one’s career by preventing the Federal or Postal employee from performing one or more of the essential elements of one’s job.

Although seasons do indeed come and go, and there may well be winters of discontent, the Federal or Postal employee who hears one’s Federal Agency or the Postal Service whisper utterances of discontent, may deem it advisable to begin to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, before such whispers become a winter of discontent where the avalanche of a proposed removal becomes initiated.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The buttons we believe accomplish

We believe, on faith alone, that pushing a button does the deed; and then we go on with life, and nothing really has changed but the belief in our own self-satisfaction.  It is that virtual world of computers, light switches, garage door openers and even the disc-like appendages to our shirts and sweaters that lead us to conclude that all such contraptions are of equal weight and value.

We see the cause-and-effect of the garage-door opener — of pushing a button and seeing the door slide open, then another push and it reverses course.  We push buttons on the computer keyboard, and with each tap the screen changes, or concludes with the deed completed; and of “buttons” on a shirt or sweater, we appreciate the invention that holds two sides of a separated apparel together to enclose our bodies with a warmth of a material embrace.

What does it mean to accomplish a deed with a mere pushing of a button?

We have been habituated into such thinking, and it is this disconnectedness that allows for society to continue to move “as if”.  It is only when we encounter the counter – belief that all of a sudden the world of buttons begins to sow some seeds of doubt — as when the boss comes and says, “Why haven’t you sent me X” and you respond, “I emailed it to you last week “ (it isn’t quite the same to say, “I pushed the button that accomplished the deed”).  “But I never got it” is the response which prompts you to go back and re-press the button, hoping somehow that doing so a second time will make a difference that the first time did not.

This time, however, just to be doubly sure, you go back and ask your boss whether he received it (not, again, “did my second button-pushing work?”), thus verifying the causal connection that had failed to occur previously.

What made the difference?

Somehow, in the ethereal universe of circuitry and magic we have no clues about, there exists a causal chain that “works” and “accomplishes” deeds — just like the garage-door opener that issues an immediate gratification of causation.  But that all of life would allow for such instantaneous confirmation — and of buttons we think accomplish.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates a consideration to file 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 buttons we need to push are many, varied, and long in waiting.

Whether they comprise of the metaphorical “buttons” to get people moving, or of emails that need to be sent, confirmations that require a response — what we do know, throughout, is that the reality of one’s medical condition has a discernible difference both of reality and of urgency when it comes upon the need for causation to occur.

The buttons we think accomplish remain somehow in that “other world” of magic and the unknown; the medical condition that remains is somehow the reality of the “now” that constitutes pain and suffering; and that is why preparing an effective Federal Disability Retirement, to be submitted to the U.S. Office of Personnel Management, is of greater importance than the buttons we believe accomplish.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government: The whiles of life

While I wait; while I watch; while I listen; while I suffer; these, and many more, are the wiles of life (note the sudden extraction of the “h” in the subtle – or not – alteration by omission).  But such a linguistic subterfuge is appropriate, as it connotes a manipulative intention in the very wasting away of life’s gifts.  For, indeed, we spend much of our days steeped in inactivity, waiting patiently while life passes by.

While I wait in line; while I watch an advertisement; while the kids play; while the dog sniffs; the wiles of waiting, allowing for thoughts to wander afar into daydream’s decaying of time, purpose, value and worth in a traversing universe that no longer believes in anything but the self-satisfaction of bygone faith.  Does an impervious existence that traps us within a cocoon of timeless nothingness allow room for a Being of teleological foundation?

Can a person withstand substance each minute, without the interruptions and interludes of thoughtless void, where activity of accomplishment is momentarily suspended and purposeless repetition of mundane impotence fails to make forward progress, as the bane of life lures, deceives, entices – again, the very wiles of living?

Heidegger, of course, based the foundation of his philosophy upon the whiles of life – for, all projects of human activity was an avoidance with the fullness of encounter with Being – of engaging in meaningless discourses in order to avert our thoughts upon the ultimate meaning of life; that of death.  For, as fruition and maturation inevitably results in the consequence of decay and destruction, so the linguistic justifications we empower – that such-and-such is delayed “while” this-and-that occurs, or those what-nots have to be in place “while” the doo-dads first come upon us, and other such inane events of uneventful percolates.

The world has now, however, been turned upside down.  The whiles of life have become the centrality of purpose, and perhaps it is the wiles of life that have caused this inverse principle of peripheral insignificance and irrelevance.  It was once thought that one took out one’s Smart phone “while” we waited upon the activity of substantive discourse; now, it is precisely that which occupies most of our time, and the “rest of it” all has become of irrelevant disproportionality, and just an irritation to the essence of who we have become.

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 positional duties in the Federal agency or the U.S. Postal Service, it is important to circumvent both the wiles of the agency, and understand the whiles of preparing, formulating and filing an effective Federal Disability Retirement application.

The wiles of the agency should always make the Federal or Postal employee suspicious – and as a Federal or Postal employee, you have had to contend with it throughout your career.

Now, however, it is time to switch and pivot (as the current, oft-used phrase is repetitively heard), and consider what will be done while you prepare an effective Federal Disability Retirement application, while you wait for the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, and while you continue to attend to your medical conditions while still with the agency, or while you are being proposed for a removal.

The whiles of life are many; the key is to circumvent the wiles while real time makes life barely bearable.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Of true discourse and debate

A title immediately becomes “suspect” when the prefatory insertion of the word “true” is necessitated.  For, the noun which it is meant to enhance should be able to stand alone, without the reinforced embellishment that it is somehow more genuine than with the cousin’s uninvited presence.  It is like referring to a gemstone as a “valuable emerald” (what, one queries, would constitute an invaluable one?), or that such-and-such is a “very religious priest” (as opposed to an irreligious one?); and so to refer to the methodological approach of discourse and debate as one which is “true”, is to immediately undermine the very meaning of such a beginning.

But in modernity, where meaning has lost its efficacy and the elasticity of language has become epitomized by mindless You-Tube videos and an endless stream of nonsensical declarations preceded by a belief that, as pure relativism is rampant and presumed, it matters little who holds what opinion, the content of what is said, and not even the tone of intended consequences.

Once, in years past, there were “rules of engagement“, but three (3) foundational precepts needed to be followed in order to engage a valid discourse and debate.  First, that a distinction could be made between truth and falsity.  Second, that there existed a “superior” argument, based upon the combination of facts and rules of logical argumentation, in contradistinction to an “inferior” one.  But third — and this is the missing component in today’s endless shouting matches on television and radio waves — that each participant possessed a level of humility such that upon recognizing the inferiority of one’s one argument, a voluntary concession would be made, admitting to the superiority of the opponent’s argument.

While everyone recognizes and acknowledges the structural weakening of the first element, it is this last one which has devastated the entire process of today’s discourse and debate.  Of relevance to 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, is the extent, content and relevance of making a legal argument, and to what effectiveness and efficacy of substance, in preparing, formulating and filing for Federal Disability Retirement benefits with OPM.

In the end, bureaucracies are based upon the power of its established conduit of administrative complexity, and OPM is no different.  The U.S. Office of Personnel Management is made up of ultra-competent individuals who take their jobs very seriously, as well as with a mixture of some who are less than stellar.  That is the general make-up of all such organizations and governmental entities.

The structure of the right to appeal, however, is why a cogent discourse and debate must be prepared.  If the U.S. Office of Personnel Management denies a Federal Disability Retirement application twice (at the initial stage of the process, then again at the Reconsideration stage), then the Federal or Postal Disability Retirement applicant can file an appeal to the U.S. Merit Systems Protection Board.  There, the Administrative Judge will hear all of the arguments made, afresh and anew, and consider the lack of constructive engagement and “weak points” of OPM’s arguments.  That is where all true discourse and debate must begin — before an audience with a listening ear.  And there we have that complementing and undesirable cousin again —  the “true” X, as opposed to an untrue one?

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: The Soliloquy

For the stage actor, it is the consummate moment of the trade — the opportunity to reveal the depth of character before an audience whose attention is monolithically focused upon the singular pinnacle of highlighted speech.

Shakespeare’s monologues of anguish and despair, of the most private of thoughts spoken through an accepted device of artistic asides which allows for the viewing public to listen in on reasonings otherwise hidden but for conversations with others or the ravings and rantings of the fool who sputters.  Yet, how reflective of true life such moments are, of the soliloquy which we engage but in the quietude of unspoken words.

For Federal employees and U.S. Postal workers who suffer in silence because of the medical condition which is revealed, or hidden but painfully debilitating for fear of supervisors, managers or coworkers suspected of unwarranted viciousness of behavior, the unspoken thoughts and processes of rational discourse within should ultimately be bounced as against expertise and guidance for one’s future.

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, is indeed a lonely endeavor and reaches into multiple issues which are the most private and intimate of details — one’s medical condition; the impact of the medical condition upon the Federal or Postal employee’s personal and professional life; and, as well, the fears, hopes and concerns emanating from the loss of career, income and financial stability.

Having a medical condition such that the medical condition impacts the Federal or Postal employee’s ability to perform the essential elements of the Federal or Postal position, possesses indications of a spectrum between calm acceptance and calamity of livelihood.

That being said, the pragmatic steps to be taken must be fully considered, and preparing an effective Federal Disability Retirement application through OPM is one path upon which to seek advice and wise counsel.  For, remember that the artistic device in a soliloquy requires that the hearing audience remain silent, and not reach out to the performer on stage to interrupt, disagree or engage; yet, in hearing the actor reveal the most private of inner thoughts, it is precisely the failure of considering other options never offered or heard, which results in the disastrous outcome of the proportion constituting a Shakespearean tragedy.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Hangman’s Knot

The perfect knot is the most effective, and development of its features occurred over time through a science of art and an artistic employment of science.  The placement of the knot behind which ear; the number of coils before they became an impediment; and the avoidance, at all costs, of trespassing upon superstitious beliefs and potentially supernatural reverberations — these were all taken into account in perfecting the science of the art.

Its corollary, the art of the science, disregarded the efficacy of the knot; it was only the former which concerned itself with an objective evaluation of the results after each occurrence.  Like parachuters who pack and fold their own devices with a systematic routine of sprinkled superstitions, the hangman would often approach his craft with a religiosity and fervency of monotony such that any detour from the iconoclasm of repetition could delay or abandon the anointed time of impending doom.

In modernity, of course, any discussion concerning the hangman’s noose turned into a historicity of adages and proverbial wisdom; we construct our own knots, like the beds we make in which we must sleep, and the messes we create which we direct our children to clean up.

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 the Federal or Postal positional duties, the issue of when to file, how to file, the whys and whereabouts must always be taken into account; and like the hangman’s noose which is coiled slowly and deliberately, the Federal or Postal worker who prepares for the inevitably end must take care in the preparation and application for submission and filing.

It is, in the end, only the superficial features of the world which change; the essence of everything substantive remains constant, and that is precisely the point of Plato, Aristotle and the entire linear heritage of Western Philosophy — that the underlying meaningfulness of the world around us is that which is captured in truth.  And, like the hangman’s knot, what we do in preparing for the event of a lifetime is just as important as the incident itself, and that is why preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management is essential to securing a future of stability and security, where the process is just as crucial as the substance underlying.

Sincerely,

Robert R. McGill, Esquire