Tag Archives: OWCP long term disability

OPM Disability Retirement under FERS: Subjectivity

The “aim” of Western Thought has always been to gain credibility — of attaining to Eternal Truths and Universalities.  In a dinner conversation, the quickest way to denigrate someone’s opinion or viewpoint is to merely say, “Yes, but what you have said is merely subjective; it has no objective basis in fact”.

In a previous epoch, John Adams is attributed to having said that objective facts “are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”  He was making the distinction between the subjective world and the objective universe, and placing greater weight upon the latter.

In modernity, such a statement has lost some of its luster, if not its very essence of relevance, because we live in a post-factual world where objective facts do not hold such an esteemed status, anymore.  And yet…. Even in this world, there are somehow the remnants of elevated claims to greater significance, if something is “objectively” factual, as opposed to subjectively stated.

There is always the implication and inference that when something is deemed “subjective”, and purely so, that it is somehow concocted, imagined, “made-up” — like the child who believes that he/she is a master chef of world renown, when in fact the kitchen set-up in front of him/her is a toy kitchenette made of plastic and wood.

For Federal employees and U.S. Postal workers who suffer from an illness or disability and who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, OPM systematically will make deriding and denigrating statements when it comes to “subjective” statements — of psychiatric symptoms, of chronic pain, of profound fatigue, etc.

They will say: “There is no objective verification of your X”.  Really?  Pain is subjective by its very definition; and so are psychiatric symptoms of depression, panic attacks, insomnia, nightmares, feeling sad, etc. How to counter it?  The good news is that the law is on the side of the Federal Disability Retirement applicant.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and let not the unlawful tag of “subjectivity” defeat an otherwise valid Federal employee’s OPM Disability Retirement Application under the FERS system.

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 Medical Disability Retirement: Defining Moments

The phrase can have multiple meanings.  It can mean, for example, that an individual is engaging in the act of defining a particular moment, or a series of moments — say, for purposes of writing a novel, or to make sure that he or she memorializes the moment in his thought processes for future reference.

Thus, in being introduced to someone and engaging in a conversation, someone might be asked, “So what do you think of so-and-so”, and as you struggle to define the moment, you might use various adjectives to describe the encounter.  In such an instance, the person doing the defining might recognize what he is doing, and mutter to himself, “Let me define this moment.”

Or, the phrase, “Defining Moments” might be applied in a more “objective sense” — that an event, an occurrence or some mishap was one of the “defining moments” of one’s life, meaning thereby, that the event had some profound impact upon one’s character, existence or approach to future actions.

Thus, an individual who once was a workaholic but had a near-death experience, who then gave up his career and became a lowly clerk in order to radically alter his lifestyle, might say of that experience that it was a “defining moment”.  The phrase itself can therefore be seen as either an “internal” event or an “external” one or, to put it another way, a “subjective event” or an “objective” one.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where that medical condition must lead to a change of careers and thus the proper and effective preparation of an FERS Disability Retirement application must be initiated, the term “Defining Moment” can be applied in both senses of the phrase.

For, the medical condition itself is a defining moment (in the objective, external sense), and the initiating of a Federal Disability Retirement application is also defining the moment — in the sense that the Federal or Postal employee who recognizes the need to make a change by preparing, formulating and filing an effective FERS Disability Application through the U.S. Office of Personnel Management, has recognized the need to define the moment (internal, “subjective” thought process) in order to be able to focus upon the priority of one’s health.

In either phraseology-usage, it may also be a defining moment to contact a Federal or Postal Lawyer who specializes in Federal Disability Retirement Law, lest the defining moment of a denial from OPM makes for a further definition of the defining moment: Of a legal fight against a bureaucracy that often represents the battle between David and Goliath.

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 under FERS: The Bellwether

It is the leading sheep of the flock, graced with a bell on its neck in order to establish its role for the others; or, in more colloquial parlance, the predictor or indicator of something.

Thus, a red sky may be the bellwether of a coming storm (not being a seaman, one forgets whether it is the night or morning sky which is the predictor).  If one is superstitious, a cracked mirror or the unexpected crossing of a black cat is likely a bellwether of something — although, in modernity, perhaps the anachronisms no longer apply.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to continue in his or her Federal or Postal job, the question of a bellwether is appropriate.

Under FERS Disability Retirement laws, one must be able to show that a medical condition will last a minimum of 12 months.  One does NOT have to wait the 12 months in order file; merely, that a doctor can, within reasonable medical probability, “predict” or provide a prognosis that a medical condition will last for at least that long.

Most Federal and Postal workers “know” from the start whether or not a medical condition will last a minimum of 12 months; such a bellwether is not rocket science, but more of an intuition established by one’s sense of one’s own health.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and see whether the bellwether rings for the pathway towards an early medical retirement 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 Representation: Guidance by Expertise

You can tell when it is “not” the case; the mishmash, the inconsistencies; the errors of content and significance; and it is precisely when guidance is lacking which the glaring inadequacies show, and can be taken advantage of by the other side.

When a play is performed on stage and the focus is upon the story itself — where criticism is targeted more on whether this actor or actress was better in her role here than in another play, or whether a certain scene accurately portrayed the story, etc. — and not upon the poor lighting, or the sound quality, then it becomes clear that the production itself was through the guidance of expertise.

When things go as they are supposed to, embracing the old adage of “smooth sailing”, it is likely that there was guidance by expertise.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS, guidance by expertise means that there is a coordination of the facts, the evidence and the law.

It doesn’t mean that every case will be approved; however, the chances of an approval will be greatly enhanced precisely because guidance by expertise is performed by a master of the production.

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: King for a Day

We have all had that sense of triumphant euphoria, where all of the complex and disparate components of life’s makeup somehow coalesce into a coordinated bundle of seamless and effortless symphony; where life is great; your plans and dreams are bearing fruit; restorative rest has been attained; friends and family have resolved their differences; and at least for a day, you are the King.

But such a state of perfection never lasts beyond that day; and tomorrow brings problems, difficulties, contradictions and conflicts; for the secret of life itself is that ever since the fall of Adam, or of any tale of the origins of Paleolithic beginnings — the original sin of life never dissipated.

The frailty of the body; the fragile makeup of the mind; the emotional turmoil experienced daily by the stresses of a world gone berserk with technology and the cold, unfeeling environment of the human workplace; these, and more, tell the story not of kings and lords, but of pawns and sacrificial lambs.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to remain a King — even for a day — it is time to consider filing for Federal Disability Retirement benefits under FERSChronic medical conditions which impact a Federal or Postal employee’s ability and capacity to continue in their chosen careers present an even greater challenge: Of the loss of any hope for betterment until health itself becomes a prioritized activity to pursue.

Contact a Federal Lawyer who specializes in OPM Disability Retirement Law and consider whether or not the loss of being the King for a Day is worth the price of continuing in a career which is no longer tenable.

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 under FERS: While We Wait

The alliteration itself is telling — of the three “w”s which, while whispering which words, whittle away whole wisps of wincing wants.

While we wait — what wastes?  The “while” is the duration where inaction meanders; the “we” merely identifies an unknown person or persons who engage in the nothingness of inaction; and it is the “waiting” which we believe will resolve the problem.  And, yes, sometimes waiting does allow for time to heal, for an issue to resolve itself, and the expectation to be fulfilled.

But when it does not, then the “while” becomes a wasted block of unearned and unsalvageable period — a timeframe when things might have been done, something could have been accomplished, and maybe a process would have been initiated.

While we wait — the world passes us by; things get worse; the procrastination becomes all the more magnified and pronounced, 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 worker from performing one or more of the essential elements of one’s Federal or Postal job, “waiting” is often a period of time which is necessary — but the question is, Waiting on what?  While we wait on what?

It is one thing to wait while your Federal Disability Retirement application is being reviewed; it is quite anything thing if we are merely waiting on nothing in particular.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Internal Order, External Chaos

Whether the cult of Marie Kondo will last beyond a faddish response and 15 minutes of fame, only time will tell.

Japanese minimalism lends itself to making order out of chaos by discarding unnecessary clutter in one’s life.  The key word here is, of course, “unnecessary”, and how we categorized which items in our homes and offices to keep, and to what extent external chaos impacts one’s internal sense of order in this universe.

Does organizing everything in one’s home and office lead to greater internal calm and peace?  Does a person who has an overstuffed bookshelf — with books “arranged” in every which way upon a shelf, with no apparent order in the categorization of titles possessed — reflect a manner of internal chaos?

Conversely, does a person who appears to posses a sense of internal peace and order necessarily have a home and office which reflects that apparent order and peace?  Does the interior world of a person necessarily indicate the exterior state of one’s life?

For Federal employees and U.S. Postal workers who suffer from a medical condition that impacts his or her ability and capacity to continue in the Federal or Postal career of choice, the chaos of a medical condition — whether of an “external”, physical condition or of an “internal” psychiatric break down — should lead to a consideration in filing for Federal Disability Retirement benefits under FERS.

Consult with a Federal Disability Lawyer who specializes in FERS Disability Retirement Law, and consider whether or not the order of the day through proper representation by legal counsel might be the best course of action for both internal order as well as external competence in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: Of What Others Say

It can become an obsession, of sorts; of what others say, the gossip mill grinding out the tidbits of misinformation relayed in corners and hallways of offices; and the furtive looks that raise eyebrows and suspicions beyond the imagination that goes wild with unfettered fears abounding.  Of what others say can be disconcerting, dismaying and disturbing; and while some can purport to remain unbothered by it all, most have a baseline of sensitivity which is jostled by the whispering negativity of others.

Of what others say — it can ruin a reputation, delay a promotion or dismantle a friendship, all in the swooping cupful of a comment thrown, a statement carelessly (or carefully) lobbed, and like a javelin piercing the hardened earth beyond, directed with precision so that the one who hears will have an implanted seed which grows from doubt into a full-grown tree of suspicion.  Whether true or not, the words whispered can travel far and wide, and can become dispensed indiscriminately amidst the rumor-mill of destructive conclusions.

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, filing an OPM Federal Disability Retirement application through — first one’s own H.R. Department (if you are not yet separated or, if separated, the separation has not been for more than 31 days) — the U.S. Office of Personnel Management, it is important to consider the timing of one’s filing, as well as who to inform, what to inform, and how to inform.

Rumors are bound to abound; and of what others say can often be countered with effective legal representation, where the very entrance of an attorney can set the record straight.  Consult with a Federal Disability Attorney who specializes in Federal Disability Retirement Law, and let the things of what others say become a whisper of nothingness that silences the gossiper’s stammering lips.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Federal & Postal Employees: The Port

It is the Roman Stoic, Seneca the Younger, who wrote that, “If a man knows not to which port he sails, no wind is favorable”.  It is, in the end, the essence of Stoicism — of living life without complaint and without being impacted by the hardships of the objective world, all the while clinging to a path of virtue unfettered by worldly concerns.  That is why the quote above — of the internal “self” in contrast to the metaphor of the objective world: the winds which guide the ships — encapsulates the essence of the philosophy of Stoicism.

In modernity, it matters little from whence the winds come, for we engineer our own direction through engines and mechanical devices which propel the marine vessel by the power of our own creation.  But of that time when ships relied exclusively upon the breath of gods that blew the winds which filled the sails — it was a time when we relied heavily upon the favor of fate and nature’s appeasement.  Yet, even today, whether by the propulsion of machines invented or reliance upon prayers of guidance, no wind is favorable until and unless a person knows where he or she wants to go.

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 his or her position, it is important to make a determination as to “where” one plans on going before determining the “how” of the approach.  If a medical condition has clearly begun to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, then where one must “go” becomes clearer: You cannot continue to stay at the job precisely because the medical condition prevents you from doing so; and so FERS Disability Retirement becomes the option by default.

The next question, then, is the “how”, as in — How does one get from point A to destination B?  Consult with an attorney to discuss the further particulars of your case; for, in the end, whether you believe in the philosophical tenets of Stoicism or not, once you realize the port to which you wish to sail, you need the favorable winds of counsel from an attorney who specializes in Federal Disability Retirement Law in order to help guide the sails of your journey.

Sincerely,

Robert R. McGill, Esquire