Tag Archives: owcp reconsideration letter failed now filing for disability retirement for federal employees

Federal Disability Retirement Law: Difficult Times

We tend to think that ours represents the apex of such characterizations, but such a view would betray our ignorance of history.  Whether defined within the limits of our own personal circumstances, or by contrast to others within the same country; or, if one takes into account the world — other nations — “difficult” becomes relative, and can never be taken in a vacuum within the historicity of such a linear perspective.

Reading about the Great Depression, one immediately recognizes the fallacy of attributing these difficult times in descriptive adjectives which fail to accurately portray an appropriate contrast to modernity; of going hungry for days; of rampant homelessness; of rudimentary health care, and so much more.

Yet, comparing one’s present circumstances to prior historical models does nothing to diminish the crisis one experiences today — for, indeed, these are difficult times, and very little comfort can be achieved by hearing the words, “Yes, but others have had it worse”.

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 of more of the essential elements of one’s Federal or Postal job, recognizing one’s own “difficult times” is the first step towards initiating the necessary process of preparing, formulating and filing an effective Federal or Postal Disability Retirement claim through the U.S. Office of Personnel Management, under FERS.

Whether the Great Depression or other malevolent times were worse or not, matters little.  What matters is to move forward in life regardless of past historical circumstance, and to contact a FERS Attorney who specializes in Federal Disability Retirement Law so that these difficult times may see the light of a future which offers greater hope than the despair of modernity, or of past times, as well.

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 & Postal Disability Retirement: The Conveyor Belt

Some marriages are like that; life, in general, often feels of a like manner; and ultimately the question becomes: How does one get off of it?

The conveyor belt takes an item, a medium or some product along the way on rotating wheels that endlessly spin.  Once on, the entity presumably reaches a destination point, at least in factories or stores that maintain and run them.  But the metaphor of a conveyor belt evokes an image of an infinite quality: once on, unless you are the operator of the system, there is no turning it off.  Some people become involved in relationships that feel like a conveyor belt; others, into divorces where neither party is excited about it, but nevertheless go along with it because there are irreconcilable differences that cannot be resolved.

Medical conditions, too, fit the metaphor of the conveyor belt — for, once a condition appears, it is most certainly merely a symptom of something greater, and the vast conveyor belt of the medical complex — of medication regimens, surgical intervention, therapeutic involvement, etc., all serve to place you upon the conveyor belt of no return.

For Federal employees and U.S. Postal workers who feel like their lives are on a conveyor belt upon which there appears to be no return because of a medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of his or her Federal or Postal job duties, it may be time to consider getting off from the “conveyor belt” and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law and consider stopping the conveyor belt that seems to be taking you down a path that is no longer a destination of your choosing.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Beyond the weekend respite

It is always something to look forward to: Whether the regular rhythm of the 2-day, the “extra” delight of the 3-day, and the deliciously unexpected 4-day weekend when the time of rest is doubled and by the end of it, you’d almost forgotten about the frenzy of your day-to-day work schedule.

Do we “make up” for sleep?  Those so-called experts who claim that loss of sleep, once lost, can never be redeemed, clearly don’t know what they’re talking about.  A couple of naps; an extra hour of dozing; of coming to a profound realization that the sun can actually rise while a person is still asleep, and that consciousness need not precede the earthly rotation that allows for a peek of dawn — these are all revelations that can come on the weekend.  But then there is Monday; or the day after the 3-day weekend; and the day after that.

Years ago, in the idealism of one’s youth, one resolved never to live like this: As each day is a gift from God, one should not lack the relish of living during the week any more than on the weekends.  Yet, that is the cycle that most of us accept — of a bifurcation of leisure/work, enjoyment/dread.  And, in the end, there is nothing wrong with such a distinction; except when there is a despised exaggeration between the two.

The weekend is meant to be the respite away; but when the respite engenders a greater fear and dread of the following Monday, where restorative sleep cannot be attained no matter how much slumber is embraced, and when pain and recovery can never attain a level of coherent balance, then it is time to reconsider: Is this how life is meant to be lived?

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 — and, just as importantly and concurrently, where beyond the weekend respite there never seems to be an end to the race for recovery — it is time to consider filing for OPM Disability Retirement benefits under FERS.

When leisure is merely a time of suspension in the dreaded Mondays of work’s cycle; and where the treadmill of life’s spectrum between work and time-off is so out of balance that one cannot distinguish between the waking moment and sleep, or work and play because the medical condition is all-consuming; then, it is time to consult with an attorney who can guide you through the complex process of filing a Federal Disability Retirement application through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Means to an end

There is a difference, with a real distinction, between utilizing a process as a means to an end, as opposed to using people for the same purpose.  Such a concept should be a “given” – that logical posit which is unquestionably true, without the likelihood of being controverted, and generally accepted as a foundational principle in a caring society and community.  Yet, modernity has contravened such a belief, and truth and falsity have become relative concepts on the pendulum of linguistic elasticity where the spectrum of facts, beliefs and opinions have become an amalgamation of conflated confusions.

Have we lost the capacity to recognize and identify distinctions that are substantively different because of their self-evident meaning and relevance?  Do we no longer teach logic – whether of the fundamental Aristotelian syllogism, or the greater complexity by extension as delineated in Russell’s three-volume magnum opus, Principia Mathematica – such that we can no longer argue for even the basics when confronted by once-accepted paradigms that Kantian categorical imperatives allegedly put to rest forever and a day?

Yet, that final proverbial “day” has now passed, purportedly, and such statements have become mere fodder for dismissive philosophical trash-heaps characterized by “Mereology” and other third-rate, Oprah-like condescension of forgeries masking as genuine belief systems.

Sartre and Camus presented their cases; the former, through a meandering philosophical treatise some would characterize as “Heidegger-Lite” (the comparison can be made superficially on the titles alone – of “Being and Time” as opposed to “Being and Nothingness”) and where his plays allowed for greater coherence than any of his “serious” attempts, while the latter conveyed the angst of human repugnance to becoming “objectified” through novels depicting alienation and the dilemma of human value in the very activity of defiance and rebellion.

Man, we are told, should always be treated as an end in and of himself, and never as a means.  Yet, in this mechanized, electronic-ized, technologized society, where the Smartphone is King and the tactile engagement with one another is merely an afterthought, we have to recognize that such inane beliefs are now mere archaic formulations of former times, previous generations and outdated constructs no longer applicable.  The Angst of Existentialism has come full circle; that which we scoffed at because it originated from Continental Europe is no longer a Sisyphean mythology, but a reality that now consumes.

For Federal employees and U.S. Postal workers who feel the weight and burden of a medical condition, being treated as a means to an end becomes part of the process.

Past accolades of dedication and loyalty fail to leave a trail of concomitant interest and empathy of warmth; you find out quickly that others don’t give a hoot about distinguishing between “means” and “ends”; but in the end, it is precisely the means by which you end up treating a fellow human being, and the very filing of a Federal Disability Retirement application should in and of itself warrant treatment of being an “end”, and not a “means” – but such self-evident principles appear to no longer be the accepted normative value within a society that cries tears for the Oprah show, but not for the real human experiences of the person in your own office, sitting in front of you, a foot away, real, not imagined, not a picture on Facebook, but a person of real flesh and blood.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: False Positives

We demand that a “retest” be done, to ensure that the result did not have the opposite effect.  It is a linguistic conundrum that the affirmative means its negative; for, in medicine, a “positive” result is the worst of news, whereas in most every other context, it is a welcomed declarative.  But because it is a result which is not embraced with delight, we ask that it be further verified in the event that the “positive” is a false one, and we want it instead to not be a true one, and thus ask for a retest in order to see whether the second one will result in a true negative, which is the opposite of a true positive in hopes that the first positive result is a false one.

Are there such similar circumstances in daily life, apart from the medical field, where we received results of false positives?  The latter term in the phrase is misleading, precisely because laudatory declaratives are normally welcoming additions; yet, combined with the former word that essentially negates the latter, it is an oxymoron of sorts and is thus relegated to a defined field in the medical arena.

But false positive do rear their ugly heads now and again; in employment, where awards and exuberant encouragement are provided with nary a compensatory incentive, giving the impression that the company recognizes the employee as a valued asset, all the while withholding that most coveted of advancements – the “raise”.

That is surely a “false positive” that needs to be retested.

Or, of loyalty seemingly accorded by a Federal agency or the U.S. Postal worker, so long as productivity is met and the “mission of the agency” is placed on a priority basis, where long and uncompensated hours, both in physical presence and cognitive input when exhaustion from work, worries and problem solving overwhelm and consecrate; but when it really “counts”, does the concept of loyalty allow for bilateralism, or was it merely a one-way street:  Your loyalty to the Federal Agency or the Postal Service, in return for a false positive?

Is filing a Federal Disability Retirement application considered a “false positive”?  Or even in an inverted sense – it is “positive” because it is a benefit which is available when (often) all other options have failed; it is purportedly “false” because it means giving up one’s career and being presented with a future with less income.

But it can also possess an inverted meaning –  of a false positive because it is an a recognition that the medical condition has come to a point where an admission must be made:  the falsity of hope in relying upon the Federal Agency or U.S. Postal Service to reward one’s undiminished loyalty these many years and decades, would result in an accommodation of the medical condition, combined with a sense of positive outlook for the future because of this past reliance.

No – unfortunately, such a false positive would surely have to be retested, and the result would be that, yes, the false positive of having the ability to prepare, formulate and file for Federal Disability Retirement benefits is indeed a true positive that is there to be accessed.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement for Federal Employees: Age

It is only that proverbial “state of mind” for those it does not impact; then, when reality sets in, the decrepit bones and uncooperative muscles, inability to will the stamina to rise to the occasion, and the creaking temerity of organs unable to muster the vitality of even a decade ago, we submit to the currency of our own destiny.

We can scoff at it; deny it; attempt to defy its residual consequences; and even remain indifferent to its effects; but in the end, mortality demands a say in the matter, and age is like the ravages of time and the echoes of a haunting flaw:  inescapable and unwavering, it creeps up and declares its prominence at the head of the table.  Some feel the effects well before the standard time; others attempt to revolt and rebel until the impervious universe indifferent to human incantations of defiant ineffectiveness simply ignores the pleas of hopeless tumult.

Age comes upon us like that undeniable thief in the night, burglarizing the last remaining hope and hint of a better tomorrow.  Of course, the connotation can be twofold or more:  Of the linear quantification from birth to the present, counting in solar years and seasons of rotational inevitability; or, it can denote a state of moving beyond the halfway point and into the pendulum swing of destiny evidencing man’s mortality.  There are, of course, other meanings – of a certain epoch or period; uses like, “coming of age” or applying it to various methodological interests in placement within a period of history.

For Federal employees and U.S. Postal workers who are contemplating preparing 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, the relevance of the term is multitudinous:  Age in terms of eligibility towards regular retirement; how old, but more importantly, can one continue until retirement age, or will the ravages of time, medical conditions and deteriorating workplace environment lead one to such a decrepit state that to continue on would merely evoke a devastation of any future hope of enjoying retirement at all?

For, when the stated age of one’s linear presence in this universe is far less advanced than how one feels “health-wise”, and the hollow look of hopelessness prevails where the future is merely a black hole of bleakness, another turn of pain and suffering, and no amount of “positive-thinking” will brighten an otherwise dismal perspective, then what would be the point of continuing to struggle just to meet the linear statement of age, but have no joy left to reap its benefits promised?

Preparing an effective Federal Disability Retirement application, to be submitted to OPM, is an option to consider, when age cannot be prolonged to meet the eligibility requirements for regular retirement, and the body, mind and soul are screaming out that one’s career has come to a point where age is no longer a factor in considering whether or not the essential elements of one’s positional duties can be met – instead, the proverbial dawn of an age forthcoming requires that something must give, but age is simply an echoless march of time that hears not such cries of rebellion or protest.

Sincerely,

Robert R. McGill, Esquire