Tag Archives: owcp permanent partial disability lawyer

FERS Medical Disability Retirement: Larger Than Life

Every culture paints the picture of the mythological character, woven into the fabric of stories told, of narratives given, of heroes and heroines looming larger than life.

Of Caesar, Jefferson (somewhat cut down to size in recent years); of David versus Goliath; Patton and his 7th mechanized Army, beating out Montgomery and the 8th Army in the race to Messina; of a recent leader (who will be left unnamed) who was once a reality-T.V. star and now mythologized for his excesses; and although you may disagree with everything the “larger-than-life” figure may represent, you cannot avoid the fact that every culture, all countries, all around the globe and throughout history, have created, fostered, maintained and eulogized anointed figures at the altar of idol worshippers.

Perhaps it is a necessary prelude, or at least an ingredient, for any civilization; that, by creating such characters and caricatures, we can better deal with the regular humdrum lives which most of us experience.  We say to ourselves, “Well, if David could have slain Goliath, then surely I can solve my own insignificant problems!”  Or, has it had a reverse, negative effect?  Of saying, “Yes, but I am not a Marvel-comic book hero; I can’t flight or zap my enemies with a thunderbolt; for goodness sakes, I can’t even pay my rent”?

And then, when a medical condition suddenly appears on the horizon — and in the end, all medical conditions are “larger than life”, precisely because many of them can defeat one’s life — it can result in devastating consequences.

For Federal employees and Postal workers who suffer from such a medical condition where it appears that the medical condition will necessitate the end of your Federal or Postal career, you may need to contact a FERS Disability Retirement Attorney who specializes in Federal Employee Disability Retirement Law, where the “larger than life” bureaucracy of the U.S. Office of Personnel Management may need the specialization of a FERS Lawyer who can contend with the Leviathan of a Federal Goliath, with a few smooth legal stones to cast at its heartbeat.

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 Law: Selective Knowledge

The universe of information is limitless; thus, we have no choice but to selectively choose what knowledge to garner, use, apply, store, etc.  Furthermore, not all knowledge is equivalent; and, even if relevant or significant, may not be of any use to a given individual.

Additionally, knowledge is a funny animal; some slices of knowledge may be desirable to one person, but entirely dismissed by another as being frivolous or trivial — which, of course, for some others, “trivial” or the root word, “trivia” is precisely the type of knowledge which is desirable.

Thus do we meet a wide spectrum of people, both knowledgeable and ignorant, or an admixture of both:  Some are precise and take pride in the sourced information; others believe that informational sources are merely a distraction and all of that is merely bosh; we can just speak as if we have knowledge, form opinions without much knowledge at all, and do it all with self-confidence, ending up with a generation of know-it-alls who merely Google the information when asked for any specificity.

For, modernity is not about memorizing by rote-learning, anymore, but about one’s self-esteem and how one “feels” about one’s self; in other words, a generation of ignoramuses.

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, knowledge about the laws governing the Federal Disability Retirement process is both relevant and significant.  And, while it is not limitless, it is nevertheless complex and complicated.

Instead of trying to make sense of the universe of information in the Federal Disability Retirement arena, contact a FERS Disability Attorney who has selectively garnered the knowledge specific to Federal Disability Retirement, and applies it knowledgeably, fruitfully, artfully, professionally, relevantly, and with the greatest of care.

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: Categories of Time

How do we bifurcate and box up time?  Is the prevailing and overriding “segment” between the years — of this year and the next; or do we just ignore that and look upon all of the years as a continuum neatly divided naturally by the seasons?  Are we more aware of the categories of time than, say, the farmer of a 100 years ago — who saw the seasons, marked the changes and worked assiduously to prepare for the coming shift?

Modernity is ruled by calendars; of daily segmentation of hour-by-hour, and even by the minutes which break up those hours; and when we finally come up for air and — while walking on concrete sidewalks broken up only by the mere creases of unnoticed time — see the green leaves upon a city tree, do we become aware that seasons still exist, that temperatures rise and fall despite our calendars, and the world around us moves imperviously despite our best attempts to ignore it all?

For Federal employees and U.S. Postal workers who suffer from a medical condition which impacts their ability and capacity to perform all of the essential elements of his or her position within the Federal Sector, the conventional categories of time no longer apply.  Instead, pain and disability are what dictate the categories of time.

If calendars no longer matter and the change of seasons become irrelevant, it is time to contact an OPM Disability Attorney who specializes in Federal Disability Retirement.  For, the categories of time are for those who can stop to appreciate tomorrow as a moment of hope, and to do that, one’s health must be paramount; and Federal Disability Retirement under FERS is a benefit to reach that moment.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Expression of Man

Work is the expression of Man; whether as an explosion of creativity or a grimace from overdoing it, it is an extension of that which is inherent and natural.  Whether in building or deconstructing; of newness or of a renovation; perhaps as part-time or beyond a full-time schedule; the expression of men and women is to work.

We often make up sub-categories of it — of a “career” as opposed to a “job”; a “professional” or an amateur; of a “white collar” position in contradistinction to a “blue collar” worker; but in the generic aggregate, it is all “work”.  Look all around us; the product of work, of Man — men, women, old and young — engaging in the building of a society in bits and pieces, expressing themselves by manner of an activity that takes various forms, multiple hands and countless ideas.  To cease to work is tantamount to stopping that which is the natural expression of Man.

That is why, when a medical condition begins to prevent and impact a person’s ability and capacity to perform all of the essential elements his or her Federal or Postal job, it may be time to consider filing for Federal Disability Retirement benefits under FERS.

Consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and begin the process of extending the natural expression of Man — by allowing for such creativity and expression to present itself in another vocation outside of the Federal government.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Losses

How many losses must one accumulate before being deemed a “loser”?

Was it just yesterday that Cal Ripken, Jr. won with the Baltimore Orioles in 1983, after a mere couple of years in the minors, but with that World Series ring on his finger, would then see decades of losses mount as a result of poor decisions in trading players, acquiring “has beens” and being in the unfortunate AL East where the Yankees and the Red Sox seem always to vie for the top tier of the elect?

Can a team win a World Series one year, then go on for thirty-plus years without ever winning one again, and yet be deemed “a winner”?  Or, can one always pause, give a grin, and say, “Yeah, but we were winners in 1983!”

Does one win wipe out an avalanche of losses such that the singularity of glory negates the overwhelming statistical significance of unending disappointments?  Or, what of the person who once had a promising career, but through a series of unfortunate circumstances considered by most to be no fault of his or her own, cannot quite achieve that level of promises dreamed of but never materialized?

Do we, in our own minds, create conditions which are impossible to attain, and then deem those unreachable goals as “losses” despite the artificial nature of the criteria imposed?  Do losses mount and exponentially aggregate because failure seeks after failure, and somehow the subsequent one is a natural consequence, inevitably by inherent nature, of the previous one?

Does bad luck come in bunches because of some Law of Nature, or is it just in our imagination that it seems so?  Are much of losses artificially created — i.e., we set the proverbial “goal post” in our own minds, then miss the metaphorical field goal and become despondent over the “loss” created within our own imagination within contextual circumstances fantasized that have no connection to objective reality?

For Federal and 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, that sense of “loss” can be an admixture of both objective reality and subjective, artificial creations.

The medical condition itself is an “objective” loss; but the Agency or the Postal Service’s efforts to compound the adversarial circumstances can be created in an ad hoc manner, where there are no rules or criteria to follow except upon the whim of the supervisor or the department’s reactionary intuition.  The interruption to one’s career; the constant struggle with a chronic medical condition; of being forced to deal with deteriorating health — these are all real “losses”.

On the other hand, adversarial initiations by one’s Federal Agency or the Postal Service — these, too, are “real” losses, though artificially created and unnecessary, in many instances.

Both must be dealt with when preparing, formulating and filing a 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 — but the fact that one must “deal with” so many “losses” does not, in the end, make one a loser.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The person I once knew

We all carry about that image of who we once were; or, perhaps of many of the person we once knew.  Which memory-bank do we wash upon, once the shores of present images dissipate and the lapping waves of bygone days have begun to fade, like the vestiges of old photographs submitting to time’s ravages in the decay of life’s cycles of natural degradation?

The person I once knew — was it of the boy who sat upon a beach and giggled as the foam of gentle waves sang upon the tickling bare feet?  Or the teenager who had acted like a fool and allowed for regrets to shadow one’s conscience for having been unkind to the unpopular girl who later turned into the beautiful swan and sang the merriment of forlorn days away?  Or of the young man or woman who had hopes and unlimited dreams that somehow were closeted for a future time, never to be reopened to dust them off when the opportunities had come and gone?

The person I once knew was the one who defied danger and laughed in the face of a greasy cheeseburger, but now is fearful of the next health crisis and the pain that wrings the neck of a squawking chicken.

For the Federal or Postal employee who suffers from a medical condition where the medical condition begins to prevent the Federal or Postal worker’s ability and capacity to continue to perform all of the essential elements of one’s Federal or Postal job, it is no longer important to consider the person whom once I knew, but rather, the person who will move forward into the future.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is an indication that the greater importance of one’s future self is being recognized as opposed to the person I once knew, thus allowing for the past to be buried in favor of a future still bright with tomorrow’s promises.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Putting it all together

It is the disparate and disconnected narrative that often remains deficient — just short of the finish line and like the runner who suddenly steps upon a pothole on the road to the ticker-tape parade, the discombobulation that ensues can throw the entire coordination off, where feet become entangled and the arms fail to swing in rhythmic motion.

Have you ever watched how some runners have perfect coordination — arms swinging in cadence, the effortless motion of the legs, like the “feel” of silk upon a windy day where nothing gets entangled and everything is in perfect synchronization of timeless beauty?  Or, what of a child who has just begun to walk, trying to run — are they not all legs and arms bundled into a web of discord?

Putting things “all together” is like the runner who must coordinate breathing, arms in motion, legs in cadence and eyesight in guiding — of a perfection reached in order to arrive at a destination point called “the finish line”.

For Federal employees and U.S. Postal workers who need to file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to a successful outcome is partly based upon coordinating all of the elements into a synchronized whole — of the medical records and reports; the Applicant’s Statement of Disability (as reflected on SF 3112A); of the legal arguments to be made and referenced, both as a shield (e.g., of preemptively countering any claim by the Federal Agency or the Postal Service that an “accommodation” has been provided) as well as a sword (e.g., asserting the Bruner Presumption where applicable, or the due consideration that must be given to VA Disability Ratings, etc.); and all of the other details besides.

Putting it all together” may seem like an effortless feat for an experienced runner, but for the Federal or Postal employee who is suffering from a medical condition, who must put a Federal Disability Retirement packet all together, some assistance from an experienced “runner” — an attorney who specializes in Federal Disability Retirement Law — might be in order.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Lawyer: Reality, perspective & medical condition

Reality is the existence of Being; perspective, the Kantian structures of how we see things; and a medical condition is that intervening, interrupting and corroding event that may render the first and second of this tripartite concept into a skewering of prospects.

Of course, a medical condition impacts the reality of a situation, especially a person’s ability, capacity and initiative towards a goal, and further, one’s perspective may become completely altered as a result of the event –priorities may change, the goals one has may be pared back, and even the enthusiasm towards certain things may become modified.  That is why a medical condition is sometimes considered a “game changer” in the reality and perspective of one’s life.

Life is full of bumps and bridges; of trespasses and rightful directions; and even of encounters with empathy, love and kindness; and though the reality of one’s situation may often appear that any perspective other than one seen through the eyes of meanness, cruelty and hardened hearts is merely a child’s dream of a fantasyland long passed and forever extinguished, there are still times of joy to look forward to, moments of smiles and days of sunshine left.

A medical condition is often a dark cloud, but a proper perspective on the reality of that darkness needs to be gathered.

For the Federal employee and U.S. Postal worker who sees nothing but turmoil, disaster and progressive deterioration because of the medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, 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 lend the Federal or Postal employee a different perspective on the reality of one’s situation.

No, filing an OPM Disability Retirement application will not be the answer to all of reality’s problems, but it may change one’s perspective as to the dark cloud that has gathered upon the reality of that medical condition that won’t seem to go away.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The legacy

It is something that we leave behind.  Yet, unlike a wallet, a watch, a piece of jewelry or a troublesome child better left forgotten, we don’t have an opportunity to go back and get it.  We say of that laundry list, “Oh, I need to go back and get it” (except maybe of the last in the list, whom we hope will be adopted into a kindly family and simultaneously also leave the parents behind); but not of the legacy.

No one ever says of that, “Oh, I left my legacy behind, and I need to go back and get it.”  Instead, it is intimately bound up with mortality, our sense of the future minus our own presence, and a dominant desire and urge to “leave a legacy” behind, as if to do otherwise will diminish the memory of one who has now departed, will soon be forgotten and will populate the mass of unknown graves without tombstones littering the earth beneath ivy and weeds that overwhelm.

It is often money itself, which is soon spent and forgotten; or a special “something” that one remembers another by, which is placed in a drawer and also quickly, easily and without conscience soon forgotten; or, perhaps a more lasting imprint of some residual effect – a poem, an antique car (otherwise referred to as a “junk heap”), or the family farm.

Whatever the legacy left leaving lasting latitudes of lost loneliness lacking love’s longing for lengthy locutions (sorry for the alliteration, but it cannot be helped), it is something that is left behind, cannot ever be retrieved, and may or may not have a lasting impact upon the person or groups of people for whom it is intended.

Then, one can stretch the meaning to include a more modern interpretation of the concept of a legacy – of one’s own.  That is a paradigm of a “legacy” in the more common usage – of a memory of one’s life, of what kind of a legacy will one leave that will be remembers by others – that you worked yourself to death and didn’t spend the time with your kids (refer to the above, first sentence herein, where that may be a blessing), your wife or friends?  What is the point of an empty legacy of that sort?

For the Federal employee and U.S. Postal worker who begins to think of one’s life, health, future and legacy, especially because a medical condition has begun to impact one’s ability and capacity to continue in the Federal or Postal career of one’s choice, the consideration of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often and intimately tied and bound to the fragile nature of a medical condition and its impact upon one’s life.

Struggling daily with a medical condition while trying to contend with a contentious Federal Agency or Postal Facility is not only “not fun” – it is, moreover, a futile exercise that diminishes the legacy of one’s life as a greater whole.

The “legacy” one leaves behind, indeed, is not like a wallet, a watch, or a piece of jewelry; but it is like a child left behind, where regrets for the future may yet be corrected, and for the Federal or Postal employee who needs to focus upon one’s health and future orientation that can no longer include the current job one occupies, preparation of an effective Federal Disability Retirement application, to be submitted to OPM, may be the next best thing to a legacy yet to be considered.

Sincerely,

Robert R. McGill, Esquire