Tag Archives: owcp disability retirement shoulder

FERS Disability Retirement: Just the Right Word

It is a terrifying thought that major events — some of which can lead to calamitous results — can turn on a word.  Diplomacy depends upon it, as well as marital harmony and a host of other circumstances.

Words possess the power of persuasion, and their salutary impact is seen by the consequences which follow.   One sees It in the faces of diplomats following lengthy discussions behind closed doors — whether certain words have really averted a crisis or have merely prolonged an inevitable consummation of intentions otherwise provoked.

Did “just the right words” avoid the breakup of a marriage, where the expectant looks of a child’s hope depended upon the soothing effects softly diminishing tempers’ destructive costs? It is the intemperate reaction in the heat of the moment which compels remorse of conscience and the recognition of the power of words.

For Federal Gov. employees and U.S. Postal workers who suffer from an injury or illness such that preparing, formulating, and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS becomes a necessity — or, if already filed and a Denial from OPM has already been rendered and a Reconsideration response is required — understanding that the entire administrative process is a “paper presentation” to OPM and is therefore dependent upon “just the right word” or, more accurately, multiple and voluminous words — is a daunting thought.

And furthermore, the words chosen must necessarily involve various areas of specialized disciplines — not the least of which (obviously) should include conceptual constructs of legal cases previously decided.

As such, in filing an application to OPM or in responding to an OPM denial and needing to file a responsive Reconsideration legal memorandum, it may be necessary to consult with a FERS Medical Retirement Attorney who specializes in Federal Disability Retirement Law to help in choosing “just the right word.”

Sincerely,

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

 

OPM Disability Retirement Law: When Once We…

How does one finish the sentence?  Are we at that point in life when reminiscing about our past status has become an obsessional point of daily reflection?   Does it say something about ourselves when we engage in such thought processes?

Our past accomplishments; what we were once able to do; the reflection upon our present circumstances — of what we cannot do, are unable to accomplish, of who we once were in comparison to what we represent today.

The list of comparative analysis is endless.  Whether from aging or from suffering from a debilitating medical condition, when once we were able to multi-task, to laugh off stresses and pressures, of being able to handle multiple hats and change our positions daily from one role to the next, etc.  When once we were able to do, to accomplish, to reach — so many things, goals, projects, etc., and now….

For Federal employees and U.S. Postal workers who lament the comparison between what you once were and what you are today, the goal is not to merely slog through and survive, but to get to a place where you can redeem the life you once had.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and consider whether or not preparing, formulating and filing an effective Federal or Postal Disability Retirement application might not be the best next move in order to regain that semblance of a life when once we were able to do and be so much more than the debilitated Federal or Postal employee we are today.

Sincerely,

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

 

OPM Disability Retirement Law: Remnants of One’s Self

Remnants, fragments, shadows, a mere ghostly memory — of one’s self; or of one’s former self.  They are all concepts which evoke images: of a past which was once you; a present which is only a part of; a future which is uncertain as to whether you will again become your former self, remain as you are as a mere remnant; or, somewhere in the middle, where you are never what you were before, but you have gained some semblance of your former self.

Medical conditions often determine those issues: They debilitate; they progressively rob; they worsen and deplete; and when you are a Federal or Postal employee and the remnant of one’s self can no longer perform one or more of the essential elements of what you still are required to do in your Federal or Postal job, then it is time to consider filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management under FERS.

Contact an OPM Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and consider regaining some remnant of your former self.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Human Nature

There are other “natures”, of course — of a dog’s or a cat’s; or of a vulture’s, and perhaps of lower order species which we barely give notice to: of spiders (except when they crawl near to us), mice, grasshoppers and frogs.  For species we deem to be less intelligent or possessing the capacity for “free will” (i.e., making decisions and performing acts outside of a predetermined view of what they are “supposed to do”), we tend to have an opinion of, “X does Y because that is the nature of X to do Y”.

Thus, when we read about a traveler who went to a game reserve and got mauled by a lion whom the traveler thought — just a moment before —was “friendly” enough to approach and take a close-up picture of, we shake our heads at the fact that the individual ignored the clear and visible sign which read: “Caution —Do NOT leave your vehicle. Dangerous Animals” or some similar preemptive warning.

Then, of course, there is “our” nature — of Human Nature.  What is it?  We are an animal species which is able to adapt, possess the talent for a thousand things but remain mediocre in all of them.  We cannot run as fast as a cheetah, nor have the ferocity of a lion; we cannot fly like the birds, nor have the venomous bite of a snake.  Yet, we can build cars which can outrace a cheetah, create weapons that do greater damage than a lion’s claws; we can build airplanes that travel greater distances than birds and manufacture bullets that pierce flesh beyond what a snake can deliver.

Of course, we like to think of “human nature” as being, as Aristotle would put it, “rational” first, and vicious somewhere down at the bottom of the list.  But wars, the devastating trails of what we leave behind — they attest more about Human Nature than our rationality.

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 issue of Human Nature as one comprised of cruelty, retribution and back-stabbing is probably not a surprise.  As your medical conditions worsen, you may have noticed a lack of empathy and a growing sense of animosity and contentiousness from your Agency or the Postal Service.

Chalk it up to “Human Nature” and the capacity of human beings for lack of qualities which — while we may like to think of as comprising the essence of humanity — comes out at the worst of times.

Consider, at such a point, whether filing for Federal Disability Retirement might not be the best option available, and consult with a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Landmines undetected

Landmines, or other similar devices left undetected, whether improvised to explode and damage, harm or otherwise maim and kill, are constructed and implanted precisely for the purpose of being hidden until it is too late — until, unaware and unconcerned, the unwary enters into the foray of the device and suffers from the resulting potency of mayhem.

Landmines undetected do exactly what they were intended for: to catch the target unaware, and to perpetrate the greatest extent of harm and destruction possible.  Undetected, they lay in wait in camouflaged veils of surreptitious decoys meant to project an aura of innocence and harmlessness, until it is too late.

Then, of course, there are those landmines which could have been detected, or should have been; where the unwary should have been easily apprised of the potential harm, but for whatever reason — apathy, ignorance, lessening of one’s resolve or suspicion, or whatever the excuse or reflective rationale — failed in the process and suffered the consequences.

The term itself — “a landmine” — is often used allegorically and metaphorically, to emphasize a point of danger, potential hazard or other undetected potentiality, whether concealed, veiled or ignored as irrelevant and insignificant.  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 landmines undetected in Federal Disability Retirement Law may become the very ones which lessen and diminish the chances for a First Stage success.

While most mistakes are correctible, the single greatest landmine that is left undetected, and which often results with the most dire of consequences, is the one that should have been known or otherwise thought of, but was left as a mere inkling ignored and unresolved.

Consulting with an experienced attorney who specializes in Federal Disability Retirement law is a good way to avoid those metaphorical landmines left undetected, and while the Federal or Postal employee who is filing for Federal Disability Retirement benefits may falsely believe that he or she is unable to afford an attorney to guide the Federal or Postal employee through the process, it is the very opposite thought that should be entertained — of failing to afford the prevention of a potential harm upon stepping on a landmine undetected — which should make one pause and reconsider.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement claims: The tumultuous years

The tumultuous years are often remembered with a sense of awe, if not with some fondness.  The suffering endured; the turmoil experienced; even the pain sustained and seared into the consciousness of nightmares and scarred memories.  But one often looks back upon those years and reflects: I survived, and though the remembrances are a blur of activities that generously skips over the details of the suffering experienced, it was a time of enormous productivity where things were accomplished in spite of trauma of obstacles placed.

Yet, when the tumultuous years are in the “here and now”, that is not how one describes it.  It is only when it is in the distant past, when it has already been overcome, and when that proverbial “light at the end of the tunnel” has already been reached. When you are still in the thick of it, fondness of memories does not prevail, and the old adage that time heals all pain is yet tested.

For the Federal employee or U.S. Postal worker 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 job, it may be a necessary next step to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For such a Federal or Postal employee, those “tumultuous years” are still in the here and now, and have not been overcome; and so it is understandable that you cannot yet reflect back with any sense of perspective, awe, or of fondness for those days of turmoil.  Instead, as you are still in the thick of things, the goal is to reach that end of the tunnel where the sunshine still is bright with hope for the future, and then, years later, to look back and remember, and hopefully those memories will be one with an exclamation point of having successfully met the challenge, survived it, and have put it behind you.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employment Early Medical Retirement: That state of cognitive dissonance

For all other species, even a momentary state of unawareness can mean death.  Predators seek the narrow window of advantage; that is the evolutionary determinism which propagates death, and shows mercy of life for those who close all such seams of opportunities; or so the Darwinian theory goes.  Man possesses a peculiar capacity to become lost in thought; whether in daydreaming, deep in slumber; contemplation amidst conceptual constructs of word pictures dancing before one’s eyes; we can walk in a funk or a daze, and drive long distances on super highways and at the end of the trip, not recall a single moment of how we got there.

Do words promulgate action?  Does instinct necessitate reaction?  Does the plethora of informational datum result in the intermediary of thoughts, first, then of engaging with the objective world?  Most of us have periods of cognitive dissonance — that aggregate of formless thought not having a consistency of connections between mindfulness, decisions, actions and judgments; it is only when there arises a lobotomy of capacity to care for one’s self from the daily necessities of life, that suddenly it becomes important enough for people to notice.

How such a species of that of a human being can survive these centuries while increasingly expanding into cognitive dissonance is a mystery to behold.  Whether by loss of awareness through technology; of staring vacantly at computer and smartphone screens, or merely enjoying the fantasy of daydreaming; perhaps the disappearance of open predatory behavior has dulled the once-sharpened edge of instinctive survival mechanisms.  But, in fact, there are wolves around, and they abound in plenitudes of concealment.  They just don’t advertise themselves in that way.  Just ask the Federal employee or U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s productivity and capacity to show up for work, whether or not predators exist in a the workplace.

Preparing, formulating and 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, can be a form of escapism for many who are threatened by the modern carnivore wandering through civil society.  The ruthless exploitation upon the preys of modernity are not necessarily limited to the impervious universe of wildlife in Nature; it can all occur before our very eyes, in those rare states of clarity and sagacity when our normal state of cognitive dissonance becomes momentarily suspended in order to see the reality of a circumstance which necessitates the proper preparation, formulation and filing of an effective Federal Disability Retirement application to the U.S. Office of personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Life’s Joke

The funniest line in literature comes from Carl Sandburg’s “Potato Face Blind Man” stories, where he describes the reason for the wooden mug:  “There is a hole in the bottom of it.  The hole is as big as the bottom.  The nickel goes in and comes out again.  It is for the very poor people who wish to give me a nickel and yet get the nickel back.”

Satire has often been overly-discussed, and attempting to explain why a particular scene, line or story is amusing, is somewhat like trying to explain to a Martian why Bradbury’s chronicles fascinated the young:  it just is, and either you get it, or you don’t.  It is, perhaps, the incongruence between expectation and reality; of a projection of incommensurability that occurs when a portrayal doesn’t quite meet the anticipation of “should”.

In Sandburg’s description, two such anomalies occur:  First, that the figure who holds the mug does so with the expectation that passersby will drop a nickel out of a sense of pity; but second, and poignantly portrayed, that the tables are turned around by the one who allegedly is begging for the nickel, in that he recognizes the empathetic component that there are others who are poorer in the world who also want to give, but needs the nickel more than the beggar to whom it is given.  Thus, the hole on the bottom where the nickel given drops back for the giver, yet the act of giving has been consummated.

Of course, in modernity, perhaps such innocence of satiric portrayal is no longer thought to contain humor; that, as the ethics of inequality and financial disparity have given rise to resentment, and the inane concept of “fairness” today pervades the political spectrum throughout, the focus would be upon the fact of maliciously describing a person with a disability in terms which might betray mocking jest.  But that is clearly not what Sandburg meant by it; and, indeed, it was because he believed that his generation lacked children’s stories which taught lessons of virtue and behavioral uprightness, that he engaged the literary device of satire.

Life itself is difficult enough without undermining the joy of a joke recognized.  A funny line, a witty scene, a belly-laugh from a picture of incongruence; such moments allow for innocence and the lightness of being to prevail as an interlude to an otherwise dreary continuum of surviving in a world which shows but cold shoulders twisted and followed by phony smiles to cut the throats of back-turned bystanders.

Such experiences, of course, are not new to the Federal employee or U.S. Postal worker who suffers through the meanness of workplace hostility and harassment at the hands of supervisors and coworkers, merely because a medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of his or her positional duties.  Whether under FERS, CSRS or CSRS Offset, there comes a time when the Federal or Postal worker must decide to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in order to escape the diatribes of the Federal agency or the U.S. Postal Service.

Carl Sandburg’s joke was of a time when true empathy was understood by all; unfortunately, in modernity, the nickel which was meant to be returned to the giving passerby, would today be snatched up by wolves in waiting, where the lambs who once roamed the hillside of life’s joke no longer gather upon the pastures of a forgotten innocence forever lost.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement Benefits: The Diary

Many begin the process at an early age, then abandon it with little remorse or afterthought, as a worthless project discarded for want of inherent value; and when, years and even decades later, it is discovered behind a bureau or a secret cubbyhole where trinkets and memorabilia retaining an eternal aura of privately precious remembrances are stored away, we shriek with joy as if the lottery had been won, a proposal has been declared, or a camouflaged vault containing the mysteries of gemstones and valuable cadavers had been pried open with but the wishes of gold pots at the end of a rainbow.

Then, as we turn the pages and delight in the innocence of bygone days, we regret that early abandonment turned away the gleeful idealism of a youth now a stranger, a mind intimately once known, but somehow forever a mirrored reflection of an identity of the same historicity in time and element, but yet in a parallel universe now non-existent but for memories kept securely in the destined vault of youthful summers.

Blank pages which abruptly reveal the terminal secrecy of thoughts and activities recorded once as sacred incantations of mysteries foreboding; whether of loves begotten or turmoils annotated in cloaked tears when others had retreated to the privacy of a house appearing in mirth, but ignoring the secret lives even in the midst of intimacy; now from the perspective of wisdom and maturity, do we laugh, or yearn for that innocence lost and the extinguished glow of naive eyes now dim with the experience of calloused beatings?

In more recent times, of course, we are told that one can actually lie to one’s self in a diary; but our own experiences tell us with greater certainty than the world can accord, that the tattered pages of bygone memories reveal truth as never before declared, and moreover, there is nothing more precious in life than the self-confessions of a heart once pure, only to be consecrated into the malignancy of a world which cares little.

It is, indeed, that transition from writing to the imaginary character of one’s own creation, to the intermediate level of testing the waters of reality, then to be pushed into the manifold chaos of the greater world, that constitutes the sin of destroying the human soul.  But that we could turn back the hands of time and reenter the hallways of innocence; but, no, that would mean that the womb of our essence would be revisited, and the soil of our own impurity would desecrate the purity of those precious memories we safely tucked away.  Then, one day, we open our eyes and we have “grown up”; and nowhere is there any room for such foolishness as hearts which once poured out for yearning of innocence betrayed.

Federal employees and U.S. Postal Service workers who suffer the inequities of workplace hostility, harassment — no, let’s just use the singular word which is simple, outdated, but still relevant — “meanness“, as in the child who has just had enough, screws up his face and cries out, “You are just plain mean!” — know of the experiential desecration of humanity, when a medical condition becomes revealed, and others who were perhaps identified “friends” and coworkers suddenly turn the proverbial “cold shoulder” upon the vulnerability opened, as a wound wrapped but now exposed.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is not unlike the youthful abandonment of the innocent diarist from bygone days.  For, like that abandoned project scoffed at for want of perseverance or perhaps plain boredom, it is the treasure found at the end of the process which resuscitates the goals once considered and the future to be embraced; and, in the end, there is a difference between regret for a childhood forever gone, and a later stage now delivered, but where broken promises are ignored with a twinkle of a child’s forlorn gaze.

Sincerely,

Robert R. McGill, Esquire

 

Medically Retiring from Federal Government: Environmental Toxicity

We read about it in the print and other media; the global nature of the problem, the haunting images of rusting barrels and canisters with leaking liquids of foreign and unidentifiable hues of chemical mixtures; of stories involving deformed babies and cognitive delay, with early onset of dementia causally related to the drinking water, air pollution and osmosis of agents otherwise harmful.  Science Fiction writers employ the genre of antiseptic cities of artificial constructs, with men and women who venture out into the tainted world in white suits of sealed purity, breathing through tubes and oxygenated rasps barely audible through the thick materials of protective immunity.

China, we are told, basks in the careless disregard of deliberate destruction, with India lagging not too far behind, and then the “developing” countries; that the airstream, jet stream and water streams are all connected, like tentacles which relate back to the organic essence of human existence, and unless little old “me” and “I” and the pointed finger of accusatory mumblings does “his part” or “your part” in reducing all that mess that the proverbial “we” have created, that doom is just around the corner accompanied by “gloom” preceding its cousin; and so we laboriously cart our plastic bottles and milk cartons into larger and larger bins that have logos we proudly think represents the advancement and modernity of our thoughtfulness, and watch as the powerful jet set in private planes and get transported in SUVs that spew out untold tons of unseen pollutants in order to congregate and discuss the fate of the universe, the represented country, the state, the community and lil ol’ me.

Environmental toxicity, of course, is a real problem; it is the lip service paid by those who preach without actionable lives of verified sincerity which presents a problem for most.  And for the rest of us, the “little people” who matter not and impact insignificantly upon the global scale of policy interventions, there are multiple dimensions of the term itself — as in the quality of the workplace, the manner in which the employer treats employees, and in the Federal sector and the U.S. Postal Service, the application of relevance for the conceptual compound of the two words often implies more than the physical universe of occupied space; it involves the harassment, emotional abuse and hostility of purpose.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition compels the Federal or Postal employee 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 question of environmental toxicity is just that — not the wasteful plastics otherwise disregarded and discarded into the trash bin, but the real impact of a caustic atmosphere empowering little minds within fiefdoms of medieval power centers.

How the Federal agency treats “lil ol’ me”, and what the U.S. Postal Service does to its employees by requiring and forcing abusive repetition of physical labor, goes well beyond what the ordinary person cares about in China, India, et al.; instead, they want you to look beyond the window of your own house, even as the smoke fills and the fires blaze in the very neighborhood you live in.

Sincerely,

Robert R. McGill, Esquire