Tag Archives: owcp federal retirement benefits

FERS Disability Retirement: The Hope Next Door

Hope is the basis of life prolonged; it is why people buy lottery tickets, go to sleep soundly with an expectation that tomorrow will be different; and that, like the old quiz-shows of choosing “Door Number One, Door Number Two, or Door Number Three…” — we retain a hope that life will present us with the good luck, tomorrow or the next day, to choose the right “door” for our lives.

Few of us are smart enough to think in terms of Bertrand’s Box Paradox — presented as a veridical paradox in elementary probability theory.  We are rarely as rational as to embrace life in such a calculating, methodical or mathematical manner.  Instead, most of us blunder through where hope = ongoing existence, even if in reality we know that situations and events don’t often change no matter how hard we try.

Society as a whole — of governments and the Age of Therapy — perpetuates the concept of “the Hope Next Door”.  Politicians running for the Senate, House or state positions make promises all the time, knowing that he or she will merely be one representative within a cauldron of many, and will never be able to pass any legislation because there will never be a consensus enough to do so.

But words have a powerful effect in engendering the hope next door; somehow, we tend to be gullible no matter how many times we get duped.  Thus, the famous quote normally attributed to the greatest showman on earth, P.T. Barnum, that there is “a sucker born every minute”.  Why such gullibility?  Because, without hope, existence itself would be too bleak to go on; and thus do politicians, used-car salesmen and con artists sell not promises, but hope.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to file for Federal Disability benefits through the U.S. Office of Personnel Management, the Hope Next Door may well be to obtain an approval for a Federal Disability Retirement annuity, so that you can focus upon regaining your health.

Contact a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and look for the Hope Next Door that is real, and not merely as a chimera sold as snake oil or words of eloquence.

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 Blog: Calm & Upheaval

It is the former which we seek; the latter, which inevitably comes about.  We work 90% of the time for 10% of rest, and of that 10% (if even that), most of it is taken up by chores and other matters.  Of the 90%, most of it is comprised of repetitive boredom and monotonous, mindless endeavors.  When upheavals dominate even the calm, then a crisis often develops; for, in this stress-filled world, periods of respite become all the more important and necessary.

Every crisis, we learn from historical analysis, could have been averted; and as we play the game of “if only we had done X”, we realize two things:  First, that history does indeed repeat itself in cyclical manners and Second, that our memories are short and forgetful, and thus do we repetitively keep to the first rule of cyclical repetition.

Just when we think that the newest upheaval has passed, and the calm after a violent storm has finally come upon us, that the next upheaval enters our lives.  In the end, it is perhaps fortunate that we have such short memories; otherwise, life would be one crisis and upheaval after another, without even a short respite of calm.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has come to a crisis-point because of the impact upon one’s ability to perform all of the essential elements of one’s Federal or Postal position, the respite of calm which is needed can only come about by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management under FERS.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and begin the process of extricating yourself from the upheaval of your chronic medical condition in order to reach that cyclical abyss of temporary calm.

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: Parting With Our Former Selves

Perhaps that is the issue which often prevents a Federal or Postal employee from filing for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management — of parting with, or from, one’s former self.

For, clearly, a proverbial “fork in the road” occurred — of a recognition that one’s medical condition has impacted the ability, capacity and potentiality for continuing to work in one’s Federal or Postal career; but the image of one’s former self (before the impact of one’s medical condition) still continues to prevail, to dominate, to remain in prominent presence — to haunt.

What one was; the self-reflective confluence of that competent, self-assured individual who once was able to do almost anything.  Our former selves must face the reality of who we are today; and today is not a permanent fixture of what may bring about tomorrow.

Contact an OPM Attorney who specializes in Federal Disability Retirement benefits from the U.S. Office of Personnel Management, and begin the process of letting go of, and parting from, out former selves.

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: Perfecting life versus living perfectly

It is the latter which most of us do, or pretend to do, and which stunts the capacity to engage in the former.  And so that which we should be doing (the former) is prevented because of that which we are already doing (the latter), in a never-ending cycle of self-destruction.

Those Internet internecine attempts which include Facebook and Instagram don’t help in these matters, and perhaps exacerbate them exponentially.  For, in both cases, they encourage each one of us to “appear” to be living perfectly, when the whole endeavor of human existence should be a striving towards perfecting our lives — i.e., of recognizing the imperfect status of our current condition, having a paradigm towards which one strives in order to correct those defects, and thus towards the “end” of this prosaically-described “journey” of sorts, to be able to declare that “perfection” was somewhat achieved.

But — no — instead, we create an appearance, a facade, a dissembling image of one’s appearance and put forth a self-portrait of an already-achieved perfection: The perfect happiness; the perfect outing; the perfect couple and the perfect participle.

The origins of philosophy (i.e., Plato, Aristotle and those who followed) were always concerned with the differentiation between “Appearance” and “Reality”; in modernity, the two have been conflated, where one’s appearance is the reality of one’s existence.  By commingling concepts which were once clearly bifurcated, we prevent the capacity of human beings to strive to be better, to grow and mature towards greater fulfillment of one’s potentiality.

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, it is a familiar concept — of hiding one’s imperfections in an environment that demands perfection daily.  Medical conditions and their impact on a person’s life — these are considered “imperfections” in a society that demands nothing less than perfection.  Thus does the targeted harassment begin — to “punish” the very person who needs support, empathy and understanding, instead of the constant barrage of unneeded animosity.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not, in and of itself, be the perfect solution; but, as imperfect a solution as filing a Federal Disability Retirement application may seem, the appearance of an imperfect solution may be preferable than the perfection expected but unattainable in a society that appears to be perfectly fine with imperfections pervasively perfected by appearances of concealed imperfections.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Tone and tenor

In music as well as in grammar, the first word remains somewhat constant, in that it refers to the sound itself – how it sounds, the decibel level, the texture and coherence, etc.  Between the two, it is the tenor that alters, for in music, it refers to the male voice intermediate between the bass and the alto, while in grammar it is the content and substance of that which is said.

Thus, in either manner of usage, whether in music or in grammar, the combination of both is a bifurcated distinctiveness that goes to the duality of the following:  How it is being played or said, as opposed to what is being emitted or posited.  Both in verbal communication, as well as in written delineation and presentation, each are important.  In the former, one can often modulate the first upon the second, and even adapt the second in order to “soften” the first.

Thus, a person might say, “Go take a hike” in an angry, unforgiving manner, and the words spoken are consistent with the tone granted.  Or, one can say it in a joking, soft-spoken manner, and suddenly the tenor of the words take on an entirely new meaning – for, no longer do you actually mean the words themselves, as in “Please go away, I don’t like you and I don’t want to see you”; rather, stated in the second manner, it can simply be a cute retort, a friendly quip or a joking gesture.

In writing, however, one must be quite careful – for the tone of a sentence is encapsulated within the tenor of the written statement; the two, being entangled by the written mode of communicating, can easily be misinterpreted unless carefully crafted.  That is why texting, emailing and other written modes of delivery can be dangerous vehicles easily misunderstood and taken with offensive intent that otherwise was meant in a different manner.

The “tone” of a written sentence, paragraph or page must be intimately woven with the context of the “tenor” presented; and how the reader or recipient reads it, what internal “tone” is ascribed, can be misguiding.

For the Federal employee or U.S. Postal worker who must prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the tone and tenor of a Federal Disability Retirement packet is important to consider.

Will a somewhat “third-person, objective” persona be assumed?  Will the SF 3112A, the Applicant’s Statement of Disability, be presented in a cold, clinical manner, where the tone is set “as if” someone else is describing the personal issues of the medical conditions, as well as their effect upon the Federal or Postal employee’s capacity and ability to perform the essential elements of the Federal or Postal position, or will it be more likened to a weeping bundle of hysterical cries begging for approval, or even closer to an angry shout that deafens the ears of the U.S. Office of Personnel Management’s assigned “specialist”?

Tone and tenor need to be decided upon early on in preparing, formulating and filing an effective Federal Disability Retirement application, and it may well be that consulting with an attorney who specializes in preparing such applications will ensure the proper modulation in both the tone and tenor of an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Bugs

Some are systematically exterminated; others, kept by organic farmers for their predatory advantages, including killing others; and still others are quickly brushed off as pesky little creatures not necessarily bothersome in numbers or even in appearance, but because “bugs” are simply not tolerated in an antiseptic universe where good order and neatness cannot include the appearance of a creature that may do nothing but crawl, creep and fly about in the open space of a garden, within a house or along the fence posts.

They have become a generic “catch-all” phrase that includes anything that moves about that is smaller than a rodent and larger than a speck of dust.  We have, additionally, transferred the sense of anathema in a more metaphorical manner, as in “bugs” in computers or in other appliances that fail to work properly, as if the living bugs in the universe are equated with those imaginary deficiencies of human technological innovation.  Then, there is the phrase, of course, of being worried about something, or having something bother one’s thoughts and invading the peace of one’s mind, as in the question, “What’s bugging you?”

We attribute and project from experiences we have had, and by analogy and metaphor transmit reputations that may never be deservedly ascribed.  Bugs are, in the end, creatures that are avoided, entities that have a reputation encompassing something less than desirable, and for the most part, have become a focus for instincts to exterminate, no matter that they are environmentally positive and have contributed to the balance of nature for endless ages.  And yet, we squash them without a second thought, brush them aside and swat at them to rid them from this universe.

They are, in many respects, tantamount to a microcosmic manner in which some people treat other and fellow human beings.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, the very concept of the “bug” applies in so many small and almost insignificant ways, but we just don’t realize it.  Has it “bugged” you that the Federal Agency or Postal facility mistreats you because of your medical condition?  Are you considered now as nothing more than a pesky “bug” that irritates, and does the Agency wish to treat you as nothing more than a “bug” to be squashed if given half the opportunity?

Yet, despite having contributed to the mission of the Agency or the work of the Postal Service for all of these many years, just like the bugs that have made the environment better throughout, the Federal or Postal worker with a medical condition is considered expendable.  It may be time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The False Option of Extremes

-The choices we make are contingent upon the knowledge we possess; thus, if we choose between a tripartite offering of x, y & z, when (as perhaps illustrated by Venn Diagrams within a rectangular border representing the “universal” set of possibilities) actual and available options may extend beyond the known quantities available, then we have made our decision based upon an ignorance of alternatives.

Offerings are generally made based upon self-centered care; in negotiating with an adversary, it is normally the option of extremes which are granted:  Either X, or Y, but not both, and if neither X nor Y, then consequence-T.  No mention is made concerning the availability of sub-options Xx, or Yy, to the remaining result of T1, 2 or 3.  Furthermore, when the concealment or unrevealed alternatives fail to be presented, it is often the case that only the extreme of options are conveyed, which makes the entire set of non-universal choices false in their very definition.  This can be exponentially quantified when a medical condition is introduced into the equation, precisely because mental acuity and sound judgment become influenced by desperation of circumstances.

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 positional duties in the Federal agency or the U.S. Postal Service, the false option of extremes can very likely be attributable to fear, lack of knowledge, combined with loss of confidence in the fair distribution of justice and good sense.

It is indeed troubling that so many Federal and Postal workers know nothing about Federal Disability Retirement, or its availability after having worked just 18 months in the Federal sector (under FERS), or 5 years under CSRS.  The confusion can sometimes arise in the availability of Social Security Disability, which is distinct and separate from Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

The two are distinct and different in multiple ways:  the criteria to qualify; the nature of the benefit; the rules concerning employment after approval of either, etc.  Yes, if under FERS both SSDI and FERS Disability Retirement are granted, there is an “offset” tantamount to a coordination of benefits between the two, but for those who do not seek outside employment, the combination of both (despite the offset) will normally net the (former) Federal or Postal employee more in terms of a monthly annuity.

Whatever the reasons, the age-old adage (attributable to Sir Francis Bacon) that knowledge is power, and lack of it injustice and contempt (the addendum clause is merely added by this author) by those who possess but offer mere false alternatives, is but a pervasive truism abounding despite the Internet, Google and other information-searching technologies of modernity.

In the end, the false options of extremes should be countered by a deliberative intent and real curiosity to know — know that the “other side” is never truly looking out for your best interest; that in making spur-of-the-moment decisions, to take a further moment to investigate and reflect may be fruitful, and in the end, to recognize that for the Federal or Postal employee suffering from a medical condition, working on at the expense of one’s health, or resigning, are not the only two options available, but 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, is also within the subset of universal alternatives available to the Federal or Postal employee.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Early Medical Retirement: Sleep Disorders

Sleep disorders; non-restorative sleep; Sleep Apnea; Sleep dysfunctions; altogether, they can cumulatively comprise distinguishable medical disorders, but often are lumped together, and can encapsulate differing and almost opposite conditions, including idiopathic hypersomnia, major hypersomnolence disorder, insomnia, narcolepsy, and similar medical disabilities.  Often, the effects and symptoms are the major issues, resulting in profound and intractable fatigue; inability to focus or concentrate; lack of mental acuity, etc.

For Federal employees and U.S. Postal workers who suffer from various sleep disorders and varying severity of such sleep dysfunctions, the impact can be severe and palpable.  Whether in a sedentary, cognitive-intensive position where mental acuity and focus, concentration and attention to detail are impacted; or in “safety-related” work where reliance upon full awareness, wakefulness and perceptual judgment of one’s surroundings are critical; sleep disorders can have a direct and negative impact upon the Federal or Postal worker’s ability and capacity to perform all of the essential elements of the positional requirements.

Such sleep dysfunctions and sleep disorders are viable medical conditions which form a foundational basis for a Federal Disability Retirement application, submitted through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset.

In past ages, people used to merely associate and dismiss daytime somnolence as mere “laziness” and lack of willpower; fortunately, we now know better, and such knowledge is reflective of a small but incremental advancement in human progression, which is always an amazing feat in this cesspool of ignorance we deem as civilization.

Sincerely,

Robert R. McGill, Esquire 
OPM Disability Retirement Lawyer

 

Federal Employee Disability Retirement: Life Choices

We all have to make them; and though we may alternatively want to curl up into a fetal position and wish the blunt world to stop bothering us, the decisions we make, and take responsibility for, reflect the state of maturity which binds us to age, experience and level of moral maturity.  It is, to a great extent, a superficial and shallow connotation and reference point; for, as the inevitability of choices to be made result from living in circumstances of our own making, so to imply that there is anything “substantive” in speaking about them undermines the very relevance of implication itself.

To live is to be confronted with daily choices; only the dead remain silent and require not the paths to pick.  Thus do mundane and pithy sayings originate.  Life is full of choices; the choices we make in life determine the future course of events yet indeterminate, but somewhat foreseen and predictable. Often, we avoid them not because of consequences untold, but for knowing the folly of our decisions.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition foretells of impending signs which the Federal agency and the U.S. Postal Service have, or will, impose and initiate, the time to begin preparing one’s Federal Disability Retirement application is “now”.  Yes, the Federal and Postal employee has up to one (1) year to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, in order to meet the Statute of Limitations for filing an OPM Disability Retirement; but as it often takes many, many months to prepare, submit and get an approval from OPM, so the decisions we make today will have future consequences untold but foreseen if choices are not embraced in a timely manner.

Life presents many choices, alternatives, and lists of items like entrees on a menu; but in the end, the choice made means that when the plate of food arrives, a check for payment will follow soon afterwards, and it is the expectation of the price to be satisfied which should prompt and motivate any decisions of delay for the Federal or Postal Worker who intends on procrastinating in the preparation, formulation and filing of a Federal Disability Retirement application through OPM, whether the Federal or Postal employee is under FERS, CSRS, or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: How Long Can Negation Define Living?

The tipping point where negation of living constitutes greater time spent than affirmative enjoyment of the activity engaged, is determined by individual choices and preferences.  Some individuals retain a higher threshold for pain, discomfort, and capacity to endure; and the fact that an MRI reveals a degenerative or decaying physical attribute does not necessarily correlate with the capability to ignore or otherwise minimize the magnitude of pain.

To what extent one avoids “doing something” in order to contain the pain; deny the self from pursuance of an activity in order to endure; to maintain quietude and an immobilized sedentary state of being in an effort to make the worn body and troubled mind last for a day, a week, or a decade longer; such are the efforts expended in a life of negation, in order to continue to “live”.  But is life defined by a quantum?  Or, is quantity in any way related to quality?  In “elder law”, there is often a discussion about “quality of life” issues, but the fact is, such a question and concern pervades with significance throughout one’s life, and not just towards the twilight of living.

For Federal employees and U.S. Postal workers who suffer from a medical condition,such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties in the Federal Sector or the U.S. Postal Service, the question of when “enough” is already “too much” is one which haunts, tails, latches on as an appendage of inflamed emotions, and refuses mere hand-waving as an irritant to swat away.

Yes, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a major step in one’s life, but at some point, the alternative left unstated and ignored must be directly confronted and faced with courage, pragmatism and prudent behavior.

Habit of negation can become so intertwined with one’s daily life, that it remains as a compromise allowed because one believed that no alternative was offered.  But as a life defined by negation becomes, at some point, a qualitative issue where all joy has been sucked out of the vibrancy of rightful ownership, so the choice to change in order to attain a semblance of a past life, memorialized in times of youth where pain and psychiatric disorders were merely hypothetical constructs hinted at by “others” in the community, so taking an affirmative step in order to be released from the confines of daily toil and turmoil is often the best and most hopeful avenue towards a life of positive images.

For Federal employees and U.S. Postal workers, filing for Federal Disability Retirement benefits through OPM is often the best choice left in order to “move on” towards a greater definition of “life as living” once forgotten because of the constant harassment and fear imposed by the Federal agency and the U.S. Postal Service.  At some point, negation cannot define living, as life is more than avoidance, and there is joy to be found beyond Federal employment and the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire