OPM Disability Retirement Law: The Fortress We Build

It is a mindset.  And, like all mindsets, the strength of the belief is revealed by the actions we take.  Whether stemming from an insecure childhood or some trauma experienced later in life, the mentality of the fortress we build manifests itself in the way we approach problems, the manner by which we live our lives, and the methodology of our reactive devices.

Do we live without concern for tomorrow?  Is our attitude one of trust and acceptance, or do we fear others and distrust even those closest to us?  Do we hoard things, believing that tomorrow may foretell of disasters yet to occur?  Are we wont to avoid new relationships because the old ones have failed us?  And: Do we fear life, as opposed to viewing each day as a challenge to be met and conquered?

Then, of course, our vulnerabilities will open us further to the fortress mentality, and medical conditions will surely test our resolve.  Medical conditions ascertain for us and validate such a mindset — that we need to build and create stronger fortresses against a world which continually fails us.

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 “fortress” we build may likely include filing for Federal Disability Retirement benefits under FERS.

For, that is precisely what the Law of Federal Disability Retirement was intended for — to allow for a fortress of future security resulting from the vulnerability resulting from a medical condition.

Contact an OPM Retirement Lawyer who specializes in Federal Disability Retirement Law and begin the process of forging a different kind of fortress we build — that of a Federal Disability Retirement annuity.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement from the OPM: The Preparation

There is enough success by merely “winging it” — of coming into a “situation” without adequate preparation; of stories where luck just happened to accompany the moment, etc.  The vast majority of “other” success stories, however, are accounted for by hard preparatory work, long hours of training, research, review of the evidence, etc.  Perhaps there are some of those who can walk into a meeting and immediately impress the participants; or to cut short a practice and still dominate on a basketball court or field of play; but in the end, it is the preparation which insures the success of the “after” — of the actual game, the real deal, etc.

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, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, is a necessity which likely cannot be avoided.  It is that first part, however, which will be the most crucial step — of the preparation involved, before the final formulation and filing.

Consult with a Federal Disability Retirement Lawyer as the first step in the preparation of your application; for, in the end, it is the proper beginning which always counts the most.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Federal Employee Disability Retirement: The Tiring Life

Yet, there is but one of those; unique, limited in duration, mortal and allegedly comprised of free will unfettered by the classical notion of pre-determinism; and yet, we all tire of “it” — of life’s trials and challenges unexpectedly and (so we say) unfairly posed.

Life is tiring; the tiring life we live possesses so many components to it: Of problems arisen; problems created; problems confronted; problems ongoing.  And like the popular arcade game of Whac-a-Mole, where the head of a problem pops up the moment you think you have resolved another, there seems to be an endless stream of misery no matter how hard we try.

Was life always this hard?  Let’s remember Thomas Hobbes’ famous (or infamous, however you want to characterize it) quote from Leviathan, that the “life of man, solitary, poor, nasty, brutish and short.”  Yet, surely life and the conditions surrounding have improved since he wrote his Magnum Opus in the mid-17th Century — of advances in medicine, antibiotics that prevent simple infections that lead to death; of greater focus upon leisure activities instead of a constant striving to gather food just to survive (i.e., a short trip to the supermarket as opposed to hunting or farming for your own food); of entertainment wired directly into your living quarters; and many other advantages besides that are plentiful in modernity previously unthought of.

But that’s not the point, is it?  It is the tiring of life because of the constant struggle, whether of financial, ethical, personal or professional — that seems to confront us daily.  And when medical conditions deteriorate, it seems to exponentially compound even the slightest nudge of difficulties presented.  For Federal employees and U.S. Postal workers who suffer from a medical condition and whether the medical conditions prevent the Federal employee from continuing in his or her career, it may be time to consider preparing and filing a FERS Disability Retirement application.

The Tiring Life is one which we are all confronted with; and the truth is that we all live for those sporadic moments of peaceful joy.  But when a medical condition seems to take over every aspect of such periodic moments of joy, it is then time to consult with a FERS Attorney who specializes in Federal Disability Retirement, lest the Tiring Life turns into a Life so Tiring that we end up making a wrong decision because of lack of knowledge or foresight.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The never-ending series

Once upon a time, the three seasons of the sporting world seemed fairly defined into three neatly-trifurcated periods; of Summer to Fall for Baseball; Fall to Winter for football; Winter to Spring for basketball; and so the seasons followed the general consensus of a happy delineation for the enthusiast, the couch-potato and the sounds of rhythmic lull, where the major sports aligned in sequence upon the seasons of change like nature’s bugle that toots the horn with nary a break between.

Then, greed set in.  Advertising dollars could be extended just a few more days, perhaps even weeks, and maybe even into further months.  An extra “wild card” to be added; an “inter-league” period in the middle of the season; let’s also change it from the “best of five” to the “best of seven” — or, maybe for the future, the best of nine?  What difference did it make that seasons overlapped — with widescreen television sets and simultaneous multiple-screens streaming, one could watch regular-season games and season-ending series combined without missing a heartbeat or a blink that forgot the fumble of the century; we can “have it all”.

Then came the problem of “soccer” — that hated foreign-born immigrant that kept insisting upon pushing into the American conscience, mostly through the public schools that boldly continued to inculcate our kids with an incomprehensible game that wouldn’t let a person do that which instinctively we are all born to do — of touching the ball with one’s hands.  What kind of a sport doesn’t allow you to hold the ball and run with it?

Basketball requires ball handling, with letting go of it to move forward, except by milliseconds of palm-to-ball dribbling; football requires large hands that, until one grows older, results in that wobbly spiral that is laughed at and scorned; and baseball follows the snugness of the glove, the perfect pitch by the positioning of fingers upon the stitching that propels the beanball into a fastball or the sudden drop just as the batter swings to miss, and the thrill of the umpire shouting, “strike!”  To not even be able to touch the ball?  What kind of a sport is that?  And where does it fit in to the never-ending series?

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal position, the never-ending series may include three “major league” games — the Initial Stage of the application for Federal Disability Retirement; the second, Reconsideration Stage of the process, if denied at the first level; and the third stage — an appeal to the U.S. Merit Systems Protection Board.

There is, if necessary, a “Fourth Stage” — a Petition for Full Review before the MSPB; but like soccer and the never-ending series of the first three sports, the key is to make sure that proper preparation is completed for each of the stages of the process, before anticipating the outcome of any of the others; and like soccer and a Petition for Full Review, the best bet is to prepare well for any and all of the 3 stages of the process.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Battle of Spring

There are various “battles” of historical import, including “The Battle of Britain”, “The Battle of the Bulge”, and many others besides, whether popularly so named or forgotten within the annals of history’s short memory.  Then, every year, around this time where April and May meld into a battle of morning frosts and potentially damaging tug-and-pull between winter’s discontent and spring’s yearning for the robin’s call, we wake up one morning and realize that the desolation of winter has finally passed.

Isn’t that how life is, often enough?  There is that in-between period, where tension remains and uncertainty abounds, until the final resolution appears unnoticed, like the unwanted friend who stays beyond the welcoming time of twilight conversations only to finally depart, and the unpleasantries exchanged during conversations left imagined fade into the inglorious memory of yesterday’s sorrows.

Medical conditions, too, are a “battle” of sorts, and create a tension that will not let go, will not release, and will not give up despite every attempt to ignore, placate and shun.  The stubbornness of a medical condition cannot be ignored; its impact, unwilling to be forgotten; and its tension, unable to be released.

That is why, 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 tension and anxiety formed by the very existence of the medical condition is likened to the many “battles” that we face in life.

Perhaps it is a metaphorical observation; and like the allegories that give life-lessons, maybe there is an underlying meaning that can be extracted from the trials endured.

In the meantime, what the Federal or Postal employee needs to do, is to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in order to release the tension that exists between work and life, work and medical condition, work and ….

The Battle of Spring will come and go, just like all of the other “battles” that have been fought throughout history; and this private battle against the medical condition itself is merely a private friction that also needs to be fought, on terms that create a more level playing field by consulting with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: A Pedigree of Choices

There are still some parts in the world where line of descent and lineage of genealogy matter; certainly, for spectacles such as the Westminster Kennel Club Dog Show, the origins of breeding, the line of winners, and the genetically pure tree of aristocratic connections matter still.  But humans are different; or so we like to think.

We are repulsed by the very idea of placing substantive significance upon birth rights, yet we fawn all over royal births and deaths; we deny the importance of name, lineage and legitimacy, yet grope with incestuous perversity for information of scandal and bastardly genealogy; and while we feign to act disinterestedly in matters blared in tabloid newspapers, somehow they continue to sell well, and the supermarket lines are crammed with such addictive fare, alongside candies and covered chocolates.

Pedigree is to the dying aristocracy what the economy is to today’s worker:  slow death, and fading into an unknown abyss.  That has been the beauty for democracies around the world — the choices given, the opportunities provided, in a universe where lineage, heritage and genealogy matter less than the chance to thrive.  For Federal employees and U.S. Postal workers who have come to a point in his or her career, where a medical condition has become an impediment, it is the pedigree of a different sort which must be considered.

Pedigree in a narrow sense is that which constitutes the DNA of bloodlines; in a more general sense, it is the recorded ancestry which determines fate, but which in the modern era we have been able to free ourselves of, and with deliberative intent, force the issue.  Thus, when we talk about a pedigree of choices, it is meant to denote the reaching branches of multiple paths to consider, from a singular trunk of limited origins.

Federal Disability Retirement is one such branch, reaching out into a different direction.  For the Federal and Postal employee who suffers 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 positional duties, it will often seem that future choices are as limited as the former system of feudal paucity of exclusion except for name, blood and descent by birth.

But the modern pedigree of choices is determined not by the tree of ancestry, but in the tree of knowledge; and as Federal OPM Disability Retirement is a choice available for all Federal and Postal employees who have the minimum of 18 months of Federal Service (for FERS employees) and 5 years (for CSRS employees), it is incumbent upon the Federal or Postal worker who thinks that a medical condition is as self-limiting as the former constraints of pedigree, to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, as the pedigree of choices.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Glare of Another

What we do in response to outside stimuli; whether we flee, prepare to defend, aggressively pursue, or otherwise stand idle with resignation and do nothing; whither to stand in consternation or to wither without care; throughout, it is the glare of the world, whether by glint of sunlight upon objects surrounding us, or through another’s eyes which magnify the hostility abounding, which requires our tepid psyche to stir in turmoil.

The test of life is often not in others, but in ourselves.  By then, perhaps the fight is gone; maybe the slow and incremental shavings that took years to whittle away, manifest a pile of residue left behind, and forever depleting any reserve of response, or stir a final call to arms.

Life has a way of deadening the soul, but it is often the glare of another which provokes the stirrings of the remains of the day.  When driving, the sudden glare of sunlight results in a raised hand or reaching for the visor, without thought, in a protective mode; or a reactive temper arising in response to an offending pair of eyes directed with hostility and provocation; in either case, life stirs, and the vestiges of a fight thought lost and gone forever, return with a vengeance and a fury of energy and strength.  Don’t ever think that the battle is lost, lest surrender means giving in to cowardice and contemptuous cocoon’s of cornered avarice.

For Federal employees and U.S. Postal workers who daily suffer the indignities of harassment and malice at the hands of the Federal agency or the U.S. Postal Service, who have “given their all” throughout these years, decades and large sections of life and time, the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management can often be determined by the level of fight left in one’s self.  Like squinting an eye to examine the level of oil left by pulling out the long and flexible dipstick from the deep caverns of an engine hidden under the hood of a vehicle, the need to stop and examine one’s life represents a pitstop at a station of reserve.

Filing for Federal Disability Retirement benefits through OPM is not a surrender of any magnitude; it is, rather, a response which shows that necessity is recognized, that there is life beyond the “mission of the agency” or the “important work” of the U.S. Postal Service, and being treated in ways demeaning does not mandatorily correlate to one’s deteriorating health.

Preparing, formulating and filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not an indicator of one’s reserve of strength or vitality left in check, but rather the necessary response, thoughtlessly reactive or otherwise, when the glare of another hits the Federal or Postal employee without warning or prefatory contingencies, and when life and living are realized and identified as precious beyond mere voodoo of echoing motions set long ago in a time when youth beckoned beyond call of purpose.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Adrenal Fatigue

One need not be officially diagnosed with Addison’s Disease in order to incur the wrath and ravages of adrenal insufficiency.

Life’s multiplicity of compounding and complex stresses; exhaustion beyond merely feeling “run down” or otherwise out of synchronized balance from everyday feelings of adequacy; a sense of profound fatigue, where cognitive dysfunctions develop, and where symptoms of falling asleep at meetings, where the world appears at times to become a distant echo chamber and what others view as a normal pace appear in dizzying fashion of incomprehensible clatter of distractions; and where visual disturbances occur systematically as one attempts to view the computer screen and perform work which, in previous times, was merely mundane and monotonous, but now requires an effort beyond sheer force of will.

Does modernity and technological stress contribute to medical conditions which may have no name, and often defies pigeonholing because of the mysteries of the human body and psyche?  A broken arm is easy to identify, and normally just as correctable; a cervical or lumbar disc degeneration, perhaps a bit more complex, but often manageable; chronic pain, but for a parallelism between objective testing and pain points, sometimes an anomaly; psychiatric conditions, of greater mystery which has become too often a pharmacological corridor for treatment modalities; but where profound and intractable fatigue more often than not is beyond the capacity to be diagnosed.

However one characterizes it — of adrenal fatigue, insufficiency, chronic fatigue syndrome, or other designations of type; it is ultimately the reality of the daily toil and turmoil with which the patient must contend.  For Federal employees and U.S. Postal workers who experience such a state of physical and psychiatric condition, 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, may be the best and only alternative available.

In the end, adrenal fatigue may be more than an endocrine imbalance; there is often a complex component where multiple medical conditions ravage the body and mind, and as with so many issues in law and life, there is a vast chasm between having a medical condition, being properly treated for the condition, and proving one’s medical condition in law such that one can be found eligible for Federal & Postal Disability Retirement benefits through the U.S. Office of Personnel Management.

Fatigue, whether of the adrenal kind or of resulting impact from a lifetime of stresses, is a basis for Federal OPM Disability Retirement; attending to the condition should always be the first order of business; proving it, the second and subsequent thereafter.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Soul of a Case

If you ascribe something to everything, then nothingness results.  For, to declare that all of X is contained in Y is to delete X into irrelevancy, and leave Y with nothing but X, thereby subsuming everything with nothing.  Thus, when we argue for a form of pantheism, the language of “all” tends to diminish the uniqueness of singularity, and the meanings of distinction and difference.  Fortunately, however, separate identities naturally manifest for specific entities where the exceptional outshines the mundane.

For human beings, the exceptional occurs daily precisely because there exist no mundane souls, only ones whose lives have developed a callousness to tragedy so thick that empathy has been extinguished for the price of a forgotten soul.  Thus do we have the proverbial “faceless bureaucrat” who merely stamps all incoming papers with repetitive monotony, and fails to view the content and substantive humanity beneath the surface of the linguistic mirage of daily deluge.

For Federal employees and U.S. Postal workers formulating one’s Federal Disability Retirement application, that is the door one is attempting to unlock, isn’t it?  Every case has a unique “soul” to it; but from the viewpoint of a bureaucracy, such an argument only extinguishes the singularity of one’s own extraordinary circumstances into all others, and by doing so, that “something” becomes mere nothingness.

The key to cut through to the soul of the administrative process is by revealing the separateness of a Federal Disability Retirement case with the individuality of “this” case, in “this” instance, for “this” reason.

That is a tall order to fulfill.

For, as each Federal Disability Retirement application has a human story to tell, so the paper presentation to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, must provide a narrative with a soul, and one which is not merely one among many, but unique in its singularity of particular facts and circumstances.  In other words, the “soul” of the case must be delineated with a soulful echo of humanity.

Sincerely,

Robert R. McGill, Esquire