Tag Archives: opm workers compensation claim system

FERS Disability Retirement from OPM: Expertise

How does one attain that level?  Is it purely based upon knowledge alone, or must some history of successful application be evident?  Can, for example, an individual be deemed an “expert” in psychiatry despite never having cured anyone of the condition?  Or be considered one in the field of “time travel” despite every lack of evidence revealing its practical viability?

This is a world of specialization.  At some point in recent history, the world became too complex for the generalist to survive.  No longer could a person be a “jack-of-all-trades,” but instead, specialization was aimed at each discipline and created a need for sub-calories within each field.  Post-graduate degrees were handed out in more significant numbers for studies no one had envisioned.

That the world has become more complex cannot be refuted; technology has become the engine of advancement, and few have the understanding to master its ever-expanding tentacles of daily operation.

The days of a father working under the hood of an automobile and teaching his child how to dismantle and reassemble the engine have disappeared (leaving aside even the simple task of changing the oil).  Intricate diagnostic tools must no be hooked up to each automobile because everything is now computerized, and reliance upon the automotive “expert” who is certified in a particular make or model is a “given,” and the neighborhood auto repair shop is an antiquated idea of the past.

In the end, who and what is considered an “expert” in any given field can only be determined by combined factors of knowledge, application, and especially a successful track record of past accomplishments.  For Federal employees and U.S. Postal workers who have filed for, or are preparing to file for, FERS Disability Retirement benefits through the U.S. Office of Personnel Management, consulting with an “expert” in the field of Federal/Postal Disability Retirement Law may be a necessity which cannot be avoided.

The complexities inherent in the bureaucratic process of beyond the mere submission of sufficient medical documentation, and OPM is more likely than not to deny your medical application at the very First Stage of the process and rebut OPM by pointing to the case laws supporting your particular set of facts and applicable legal criteria is an essential part of the disability process.

Contact an OPM Disability Attorney specializing in Federal Disability Retirement Law, and consider involving an expert in a field which has become unnecessarily complex because of the bureaucratic intransigence of OPM.

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 Retirement: Choices

The anomaly: If we don’t know of them, we have none.  In the objective universe of a perfect world, we would know of each and every one, and moreover, the consequences of each were we to choose them.  As defined, wisdom is the capacity to take current experiences and project them for future application; but if a person is without knowledge of the availability of choices to be made, where can wisdom be applied?

One’s choices are limited by the lack of knowledge one possesses, or has access to.  That is why “insider trading” provides an unfair advantage of choices — of trading certain stocks and gaining wealth, precisely because one has obtained knowledge which others do not have access to, which allows for accumulation of greater wealth based upon the information obtained.

Once a person has access to relevant knowledge, then the avenue of choices opens up for that individual, and then the choices to be made determine whether or not such knowledge is put to good use.  “Good use”, of course, is the key in determining whether or not a wise choice has been made; for, even with relevant knowledge, a person is still able to act unwisely by making a bad choice.

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 choice to file for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, should be based upon relevant knowledge — of the laws, regulations and statutes pertaining to Federal Disability Retirement Law.

That being said, the choice of “going it alone” or of consulting and retaining a Federal Disability Attorney is entirely up to each individual.  However, the choice of wisdom should always listen to the small voice which begins with the path of wisdom: A person who represents himself has a fool for a client.

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 Retirement: The Absent Life

Perhaps it describes one of your parents; or, of your own; or of a friend’s incessant complaints.  The absent life can be felt within, or described by those without.  Travel; the need to provide; of an emotional toil which robs one of human feeling and suffering; of traumatic experiences which have dulled the senses and made you feel as if you are disconnected from the rest of the world; these, and more, constitute and represent the absent life.

Often, medical conditions can overwhelm and dominate, and you may feel that you are not “really there” — even of Long COVID symptoms where you cannot get yourself back “into” the mental and physical activities which you were once a part of.  Being disconnected is often part and parcel of certain types of medical conditions, and you may no longer have the capacity to maintain the requisite and sustained focus and concentration in order to do your technically demanding administrative duties.

The Absent life is often an indication of a more serious issue, and you may want to contact an attorney if you are a Federal or Postal employee, to consider filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Your absences may be a factor, but physical absences are not the only kind of absences; you can be there, and not be there at the same time, and it is the absent life where an individual is not longer able to perform all of the essential elements of one’s Federal or Postal job, which may potentially qualify one for Federal 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.

 

FERS Disability Retirement Law: Self-Doubt

We all go through such periods.  Whether real or imagined — and, often, the latter is of greater exponential magnification than the former — our sense of worth; our confidence of competence; our capacity to “get things done”, begins to wane.  Perhaps it is merely a period of lesser productivity; or, of intervening personal difficulties or tragedies others cannot penetrate.

We engage in self-doubt, perhaps without even being aware of it.  It is often helpful to have a “significant other” or some close friend to be blunt and honest, and to provide an objective, unbiased perspective.  Sometimes, it just takes an unequivocal statement: “Joe, you’re being too hard on yourself. You are still the same person as before”.  Or: “Susan, maybe you made a mistake here and there.  Don’t let it get you down; everyone makes mistakes.”  But of a medical condition, the devastation can be, not only of reduced physical or cognitive capacities, but often the greater problem of self-doubt.

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 all of the essential elements of his or her Federal or Postal job, self-doubt can be a devastating residual aftershock resulting from the diminished capacity as a consequence of the medical condition itself.  It may be time to prepare, formulate and file an effective Federal Disability Retirement application under FERS, with the U.S. Office of Personnel Management.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement Law, lest self-doubt not only follows upon the medical condition itself but, moreover, turns upon itself into self-loathing.

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: The Drama of Life

There is drama everywhere — whether in theaters, local plays, movies or daytime soap operas, the drama of life is being played out.  “Drama”, “dramatic”, “melodrama” — whichever word or concept you apply, we all know what it means.  Most of us try to minimize it, avoid it, marginalize it — and the quick response to cut it down to size is often, “I’m not into that kind of drama” or, “Aren’t you being a bit over-dramatic?”

Once upon a time the fable of lessons learned included “The Boy Who Cried Wolf” — of that story with a moral lesson of the importance of truth-telling, and if you over-dramatized a lie too often, your reputation would suffer.  And so the moral of the story taught 2 things: “Truth” is important; creating drama for your own amusement would have consequences.

But in life, there are times when the drama of life cannot be avoided.  One such time is when a Federal or Postal employee is beset with 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.  That is a time when the drama of life must be faced, especially in terms of a career choice — of whether you can continue on, or file for Federal Disability Retirement benefits under FERS.

Contact a Federal Lawyer who specializes in Federal Disability Retirement Law and begin the process of facing up to the drama of life.

Sincerely,

Robert R. McGill, Lawyer
FERS Disability Retirement Attorney

 

FERS Disability Retirement for Federal Employees: Future Planning

It is perhaps a redundancy to put the two concepts together; for, “planning” is almost always about the future (can one plan for the past?  Or, even for the present — as every moment of the present must by conceptual imposition tick the time for a future event), and thus the inclusion of the concept, “future” becomes an irrelevancy and an unnecessary conceptual appendage.

One can, of course, confuse some concepts — as in, for example, planning for one’s future funeral, or writing one’s obituary (which is essentially future planning but incorporating past events); or of writing a story about something which occurred in the past (as opposed to a science fiction story, which by definition would involve some future event).  So, one might simply entitle an essay, “Future” — but would that necessarily encapsulate “planning”?

On the other hand, to simply say, “Planning” would, by conceptual inference, necessarily involve the future, merely because we all presume that any “planning” would incorporate the future because of the absurdity of thinking that we could plan for what has already passed.

That being said, future planning is always a problem because of the very fact that it must involve “unknowns”, as every future cannot be completely and entirely predictable.  The future, by definition, is an unknown and unknowable quality and quantity; it is not quantifiable; it remains a mystery.  Otherwise, we would all be able to predict which numbers would appear in a lottery, what stock market picks will be winners, and even be able to understand what a “commodities futures” is/are.

For Federal employees and U.S. Postal workers suffering from a medical condition necessitating a filing of a Federal Disability Retirement application with the U.S. Office of Personnel Management, “Future Planning” can be difficult, at best.  How strong is your case; what is a realistic assessment of time frames involved; what can be done to enhance the chances of success; what will be a predictable amount of the monthly annuity; and many more questions, besides.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law and begin the arduous process of future planning — or just planning.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employees Retirement System (FERS) Disability Benefits: Obstacles

There are many in life; whether of financial, physical, intellectual or emotional; whether we are born with certain God-given talents or lack them in excess of explicit ignorance; or whether we are born with that proverbial “silver spoon in our mouths” or not, the burden we carry is like John Bunyan’s heavy knapsack, of the sins we create and carry.

Some obstacles are objectively in existence and have no relationship to the ones we create; others, within ourselves and created by the ghosts of our past deeds.  To what extent are the obstacles which prevent us from advancing merely the emotional difficulties we bring about?

Certainly, this world is an “unfair” one — one in which who one is born to, where one is a citizen of, and to which “class” we belong to plays a large role in who we can become; and in the end, sheer will and determination to succeed may not be enough.  The 5’ 10” young man who is born with spindly legs and lack of coordination will likely never become a professional basketball player no matter how hard he tries; and the individual who lacks a foundation of talent in any given area certainly faces obstacles beyond the reach of dreams or hopes; but is that the definition of “fairness” or “unfairness”?

Early on, it is important to assess one’s circumstances, talents and opportunities, and tailor our goals accordingly.  Should you “shoot for the stars”, nevertheless?  Possibly — but still, with an objective assessment.

How about when you engage in a process like filing for Federal Disability Retirement benefits?  Should you make a similar assessment about the obstacles to be faced?  As in life generally, so should the same rules apply before entering the complex arena of Federal Disability Retirement Law.

As trying to obtain a Federal Disability Retirement annuity presents multiple obstacles, so should the Federal or Postal employee contemplating filing for the benefit of Federal Disability Retirement reach out to a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law and consider the options, the difficulties — the obstacles — before pursuing such a benefit.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Other’s Misfortune

Why is it that the other’s misfortune is a relief, of sorts?  Some relish in talking about it — often referred to dismissively as “gossiping”; while still others possess a superstitious fear about even referring to it, lest you attract attention and bring upon yourself the other’s misfortune, as if it is some sort of infectious disease which can be caught and spread upon its mere mention.

We tend to think of the other’s misfortune as a statistically relevant event, as if there are a certain set of misfortunes and each of us are in line to receive one, and our individual chances of being hit with a misfortune increases if the next person nearest to us has been hit with one.

Thus do we believe that if a death is experienced in our next door neighbor’s home, then ours must be next; and do we think in similar terms when good fortune comes about?  Does a gambler — or even a person who plays the lottery — believe that if the person next to you has hit the jackpot, that somehow you must be “next in line” and have a greater statistical chance of hitting the next “big one”?

Avoiding the “Other’s” misfortune has a sense of relief because we all believe that whatever fortunate circumstances we find ourselves in, we believe to be tenuous at best, and at worst, a mere streak of good luck that we neither earned nor are capable of retaining for long.

For Federal employees and U.S. Postal workers who suffer from the misfortune of a medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is no longer the other’s misfortune that is worrisome, but of your own.

Consult with a Federal Disability Lawyer who specializes in FERS Medical Retirement Law, lest the misfortune that is not of the other’s may become compounded because the Law’s lack of compassion may not sit well with a misfortunate which fails to abide by the Agency’s “mission” or the Postal Service’s need for labor to remain uninterrupted.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Representation: Forgotten

Is that the basis of our fears?  Does the concept of immortality haunt us precisely because we fear extinguishment, erasure, censure and being forgotten within a moment’s notice beyond the short mention in a local paper’s obituary?  Is that not, instead, the normal course of events — the way in which this non-teleological universe meant it to be — of returning to dust from whence we came, and become regenerated through the soil that embraces our ashes and decomposed flesh so that the genetic materials become recycled by the very foods we digest?

Mortality is that which men fear; becoming immortal is the goal of many; but being forgotten is the fear realized in the lives of most.  What difference, in the end, does it make?

We project an image through the creative imagination of our own psyche, and create images of a time beyond our own demise — of a weeping widow (or widower); children speaking in hushed tones of a person who was but is no longer around; and in our inkling of what it will be like, we posit our own consciousness by being present in a room that acknowledges our own absence.  Is that what sweet revenge is like — of imagining all sorts of regrets by those who shunned us, humiliated and ignored us when we were in their presence in life?

To be forgotten is to regret our own insignificance, and to constantly be haunted by one’s own irrelevance.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the issue of being forgotten becomes a reality quite quickly and soon in the process of deteriorating health and use of sick leave or going on FMLA.

For, Federal agencies and the Postal Service are quite adept at forgetting — forgetting the years of loyalty shown by the Federal or Postal employee; forgetting the years of service, unpaid overtime and those “extra” hours put in but left uncompensated but for unrealized hopes of future considerations that never come about; forgetting the contributions of yesterday because today and tomorrow are all that matters to the Federal agency or Postal Service; and it is when the word “forgetting” in the present participle transforms into the past participle of “forgotten” that we finally come to realize that health is of greater importance than loyalty; and that is when the recognition that preparing, formulating and filing for Federal Disability Retirement benefits, to be filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the best defense against a bureaucracy that has easily forgotten the essence of human worth and dignity.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: On a tenuous ridge

How do you know whether to proceed; whether it is safe to proceed; whether the roads or pathways are safe enough? What constitutes success? Is it known before it is anticipated, or is it just a self-delusional sense of confidence that sometimes deceives and at others, proves us wrong?

To be on a tenuous ridge combines the two negative aspects of objectivity and subjectivity: Of a physical place that is sharp and often dangerous (the “objective” world) and the mental determination that encompasses a sense of weakness and lack of confidence (the “subjective” perception of a situation); and the combination of the two provides a compounding of a conceptual negation that places one is a precarious state of being.

To be on a tenuous ridge can be a metaphor for proceeding in life, in whatever endeavor or misadventure, without the benefit of experience, hindsight, wisdom or knowledge.  That is the sense and feeling that the Federal or Postal employee possesses when a medical condition begins to impact one’s ability and capacity to continue in one’s chosen Federal or Postal career — to be walking on a tenuous ridge.

For Federal employees or U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the approach that must be taken should be to get off of the proverbial ridge of tenuousness, and instead to walk upon firm ground with a sense of confidence entering into a future.

Although the future may remain somewhat uncertain during the complex process of maneuvering through a Federal Disability Retirement application, nevertheless, the knowledge that one’s case is the best one that has been put together, goes a long way in avoiding the pitfalls of a tenuous ridge.  Consult with an experienced attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application; for, there is another adage similar to “being on a tenuous ridge” that you also might want to avoid — of “jumping from the frying pan into the fire”.

Sincerely,

Robert R. McGill, Esquire