Tag Archives: part time work pending disability retirement

FERS Disability Retirement: The Scroll of Life

The concept of a scroll is a fascinating one — with the anticipation of unfurling deep mysteries as the contents slowly reveal themselves, unraveling the words of ancient wisdom kept hidden within the curled papyrus, seeing the light of day for the first time in centuries.

We often imagine that such an object exists for each of our lives, kept in a pigeon-hole compartment, awaiting the unraveling in parallel fashion as future events are foretold.

The scroll of life, of course, is in reality within ourselves — in the actions we contemplate, the giving of ourselves to others, and the meaning we bring to this world — in short, the works we do in the world, within the allotted time we are given.

It is no less a mystery than the actual scrolls which were written upon and stored away in deep caverns where future generations would rediscover them and read them with renewed eyes, and when discovered, are viewed with sacred awe and treated with reverence.  But that human beings, who are the living scrolls of life, should each be treated with such reverence.

For FERS Federal employees and U.S. Postal workers who suffer from a chronic injury or illness and who believe that their scroll of life has been impeded and interrupted because of a medical condition, it is important to understand and recognize that life is not predetermined in a hidden  scroll, already dried with the ink of predestination but is still being written every day.

What you do and how you do it is still to be determined.  As such, if a Federal employee or Postal worker needs Federal Disability Retirement for future security, you should contact a FERS Disability Pension Lawyer who specializes in Federal Medical Retirement Law, to guide and assist you in writing upon the next page of the scroll of life.

Sincerely,

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

 

Help with Disability Retirement from Federal Agency or USPS: Cancel Culture

In modernity, it refers to the cultural attempt to silence a particular historical perspective, or to expunge certain elements deemed offensive or otherwise inflammatory.

The criticism, of course, is that a unilateral cancellation or ostracism fails to provide a platform for discussion, as discussion leads to the potentiality for reform, retraction, rehabilitation, and even apology.  Because the act of cancellation resides outside of the legal boundaries and criteria for appellate review, it can be done in a monolithic, unilateral manner, leading some to argue against the dangers of mistake, abuse, and mis-application.

Fortunately, in a Federal Disability Retirement case, the procedures of a cancel culture cannot be applied without redress and appeal.  If the U.S. Office of Personnel Management were to have the unilateral powers possessed by the modern entities involved in cancel culture, Federal annuitants and disability retirees would be in trouble.

Of course, OPM does systematically try and cancel one’s Federal Disability Retirement benefits by sending out Form RI 30-1, then requiring greater and increasingly onerous demands for more and more documentation in order to satisfy their criteria for what constitutes “continuing disability”.

OPM’s cancel culture is perhaps the more serious one because it goes to the heart of a Federal or Postal annuitant’s source of income.  Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and respond to the unfair cancel culture of OPM.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Employees with Disabilities: Implicit and Explicit

Say a person is playing golf, hits the ball badly and yells out loudly, “Fore!”  In his mind, however, the individual has the word spelled wrongly — say, as “Four” or “For”, or any number of alternative ways.  When first heard, he had thought that it was spelled in the commonplace, conventional way.  Does it matter?  Doesn’t the fact that homophones exist become an issue of “right” or “wrong” only if the implicit clashes with the explicit? (What a terribly and awkwardly stated question).

Homophones not only “sound” the same, but may also be spelled differently.  They are in the “family” of homonyms because they sound alike but have different meanings; similarly, there are words that also sound the same, are spelled the same, but have different meanings, as in: “She rose from her seated position to smell the rose.”  Here again, what if the person repeated the sentence but thought that the first “rose” was somehow referring to the flower while the second rose concerned the manner of posture (if such transfer of meanings is even possible) — would it make a difference?

The “implicit” world of understanding encapsulates the privacy of our insular world; the “explicit” brings forth and unveils that previously-unrevealed universe, and tests it against the objective world of contending ideas.  It is somewhat akin to pain — that subjective phenomena which may or may not be capable of being ascertained, verified or confirmed by diagnostic testing or reactive muscle spasms.

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 becomes necessary to make the “implicit” explicit in order to qualify for Federal Disability Retirement benefits.  Gathering the necessary information in order to formulate properly one’s Federal Disability Retirement case is to make explicit that which may have remained deliberately implicit.

That is where consultation with an experienced attorney who specializes in Federal Disability Retirement Law becomes crucial in properly making explicit that which remained implicit, in order to “test” the viability of a very private and confidential matter.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help: The Applicant’s Statement

The SF 3112A is the focal point of it all; without it, the entirety of the Federal Disability Retirement application would be incomplete, inconsequential and insidiously irrelevant.  The U.S. Office of Personnel Management can make a decision on a Federal Disability Retirement application — theoretically — without full answers or incomplete answers of the “other” forms, such as the Checklist, or even the Supervisor’s Statement; but as for the SF 3112A, The Applicant’s Statement of Disability — well, there is no getting around the fact of its prominence, importance and position of significance and relevance.

The Applicant’s Statement of Disability puts everything in its proper perspective; it tells the narrative of one’s medical conditions; it provides (or, at least should) the nexus between one’s medical condition and the essential or basic elements of one’s job, tasks, duties, positional requirements, etc., and gives a key and insight into the very foundation of the legal criteria for OPM to either grant or deny a Federal Disability Retirement application.  That being the case, why would a Federal or Postal employee leave such an important component as the content and substance of an SF 3112A up to one’s own self?

The person who suffers from the medical disabling condition can hardly be the one to properly, adequately or completely describe the key components of one’s medical condition and its impact upon one’s positional duties; for, the one who suffers by definition is the very.same person who is divorced from having an objective perspective.

Remember, always, that Federal Disability Retirement is a medically-based administrative procedure — one which must encompass and encapsulate the objectivity of medical documentation, the meeting of a legal criteria that has evolved over many decades, and an aggregation of the two combined in order to persuade the U.S. Office of Personnel Management that the compendium of one’s documented evidentiary findings rises to the level of a preponderance of the evidence presented in a coherent manner to the U.S. Office of Personnel Management.

Does such an endeavor appear consistent with the Federal or Postal employee who is too sick to work the essential elements of one’s job?

Sincerely,

Robert R. McGill, Esquire

 

Lawyer for Federal Disability Retirement Claims: Games

How do we learn how to play them?  If we play Game-X, must we follow “all” of the rules ordinarily known and ascribed in order for Game-X to still be recognizable as such, or does it become “Modified Game-X”.

If little Toby plays his first game, but doesn’t know the rules, yet nevertheless realizes that games are “fun” because everyone else is smiling and seemingly excited, does the fact that the kid-who-knows-no-rules plays without knowing the limits and boundaries of the game make him into a participant, or a pariah?  Of course, if he stamps his feet in the middle of the game and declares that he doesn’t like the game, and walks off (even taking with him the proverbial ball), can we declare him to be a poor sport, an okay-sport, or any sport at all if he never knew the rules of the game in the first place and therefore never quite played the “real” game?

How about dogs — do they “play” games?  The dog that chases the ball but doesn’t want to bring it back to the ball-thrower, and instead runs away with it — has he broken the “rules of the game”?  How is it that dogs play games with their masters without ever being able to explain what the parameters of the rules are?

Then, of course, there is the slight modification in the term “games”, as in “games that people play”.  We all know what that means — of being insincere, fake, or otherwise putting on a double-face.  Why is that called a “game”?  Is it because it is not real, and constitutes a copy of “make-believe”, much like playing a game when we all know that it is not reality that is being rehearsed; and yet, isn’t playing a game — any game — just a part of the reality of the world we live in?  Why, then, is life bifurcated between “games” and “reality”, when in fact both are real in the sense that we are living a life of surviving, making a living, etc.?  Yet, we constantly distinguish between “playing” and “living”, as if there is a difference to be identified.

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 any longer performing all of the essential elements of the Federal or Postal worker’s job, career or craft, the preparations needed to come to a point of realizing that an effective Federal Disability Retirement application must be filed, often requires a recognition that the proverbial “game” is “up”.

Whether the Supervisors and Managers at the Federal Agency or the Postal Facility are up to their usual “games” or not — of harassment, derisive comments, making your life “hell” by increasing the levels of pressure or stress, is really besides the point.  What matters is that life itself is not a “game” at all, and those who separate games from the daily living activities don’t really “get it”.

Medical conditions bring to the forefront the reality of living, and the harshness of how people treat other people.  Yes, preparing 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, may seem like just one of those other “games” that have to be “played” — but the reality is that an effective OPM Disability Retirement application is a necessary part of life’s many facets of games and reality-based endeavors, such that the “rules of the game” always need to be consulted in order to “play” it well, and thus the first step is to learn the rules by consulting with an attorney who can advise on the rules themselves.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: The rabbits we chase

The rabbits we chase are the ones that reveal not so much about our preferences, but more about who we are and the priorities we place.  For, as one walks about in life, whether in suburban neighborhoods where rabbits abound because no one shoots them for meals, anymore, and so they can multiply without natural restrictions for lack of predators, the fact that there are other things to pursue — but instead we choose the rabbit — tells others something about you.

Of course, it is the proverbial rabbit we speak about — of work at all cost, of refusing to concede that which is quite obvious to everyone else.

Much of real rabbit hunting, of course, is done by knowledge and pure observation — of how the animal reacts; in scurrying away, what route does it take?  What avoidance tactics are engaged?  In suburbia, you can no longer shoot a rabbit within the confines of the city limits, but there is no law that prevents you from doing what the American Indians were so good at — chasing one down, swooping with a strong arm and grabbing those pointed ears, all for a good lunchtime meal.

But of the other “rabbits” we pursue — of careers at the cost of our health, of tangential distractions that ultimately provide no foundational meaning in determining the destiny of sanctified thoughts and goals.

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, chasing rabbits is a familiar refrain — not because it is being done in various acts of futility, but because the rabbit itself is not just any ordinary rabbit, and doesn’t follow the standard paradigm of “rabbit-hood”.

For, it becomes clear that the very nature of the rabbit has changed — the Agency no longer recognizes that your years of toil and loyalty should mean anything; coworkers whisper and spread gossip; the level of productivity is declining; you are using “too much” Sick Leave or LWOP; the rabbit you are chasing doesn’t quite act in the same way, and you begin to wonder, Is it even worth pursuing?

Federal Disability Retirement is a benefit that is there for the Federal or Postal employee who has finally come to the realization that not every rabbit is worth pursuing, and not every rabbit leads to a satisfying meal.  Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, is likely the next best step in catching the rabbit of choice.  Now, for which rabbit hole to jump into …

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The price of status quo

Everything has a price, whether in terms of monetized payments or through labor, effort, worry and loss of peaceful interludes.  What expansive periods of our lives do we engage and assign to “wasted” time that must be discarded, forgotten and left beside?  What is the price we pay to maintain the status quo, even though we know that such clinging to a lack of change is merely extending the wastefulness of our own making?

Change is something that most of us resist.  Yes, we hear of, read about, or otherwise are told about “venture capitalists” or gamblers who throw the dice on everything — their future, their stability, their own sense of worth, whether net or paid for in dreams lost; of how you cannot know success until you first experience the bitter taste of failure, and how the most successful of men and women in the world failed miserable many times over until that moment of victory and triumph.

The ordinary human being, however, is either unwilling to, or otherwise unmotivated in any path towards self-destruction, or the potential for such disastrous outcomes whether real, dreamed, imagined or feared.  The fact is that there is always a price to pay whether or not one acts affirmatively, or doesn’t act at all.

The former places the burden of identifiable responsibility squarely upon the proverbial shoulders of the acting agent; the latter — of “sitting tight”, not doing anything, and remaining the perennial benchwarmer who merely watches and observes as the world passes by — can always defer any personal responsibility and counter that it was “circumstances beyond my control” or that “fate had its rueful day”, or other such indifferences of neutrality.

The reality, however, is that the price of status quo is often just as expensive as that of affirmatively acting; we just fail to see it by conveniently engaging in language games that avoid such recognition of such consequences resulting from inaction.

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, preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the best alternative to paying the continuing price of status quo.  What cost?

Well — the enduring of the medical condition; the constant harassment at work; the increasing pressure of disciplinary procedures; and much more, besides.  That is the price of status quo.  And of affirmatively moving forward with a Federal Disability Retirement application?  It, too, must pay a steep price — of engaging a complex administrative and legal process; of facing the chance of a denial from the U.S. Office of Personnel Management; of entering into a surreal universe of bureaucratic morass.

But everything has a price to pay — whether of status quo or of affirmative movement; it is up to the Federal or Postal employee as to whether the end-product is worth that price.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Disability Retirement Attorney

 

Lawyer Representation for Federal Disability Claims: “Too busy to…”

It is the accent and the inflection upon a syllable that sometimes makes all the difference.  Take the following examples:

“I am too busy to…”

“I am too busy, too.”

The extra consonant in the last word makes all the difference; for, in the former statement, if it is stated in response to a call for help, it dismisses the request by informing the other person that one is simply unable to offer any assistance.  In the latter response, the subtlety of the answer should not be overlooked.  For, it is a statement of one’s own conglomeration of activities; it is not a refusal or even a rejection of a request; rather, it merely describes the current state of parallel universes that may or may not still allow for lending a hand.  Thus:

“Hey, Jim, can you lend me a hand?”

“I am too busy to.”

(Outright rejection)

Or:

“Hey, Jim, can you lend me a hand?”

“I am too busy, too.” Nevertheless, Jim walks over and lends his assistance.

Can a single consonant make such a difference?  Without the written word, can the mere inflection, intonation and syllabic accent of a lingering “o” allow for the subtlety of differences otherwise unseen except with the written word?  Would it make a difference, if it was stated in a southern drawl, a foreign accent or in “broken English”?

When one pauses and considers the consequences of language and its effects upon discourse, it makes one pause and shudder, that even in this age of Twitter and abbreviated language compositions and the irrelevance of grammar upon our daily lives, that distinctions can still cause a difference.

Are such modulated intonations significant?  Perhaps they are rarely, if ever, “life changing” events, but nevertheless can effectuate confusion or miscommunication such that disagreements may arise.

Language is the tool of communication and the effective conveyance of thoughts and conceptual paradigms.  This is important to remember for Federal employees and U.S. Postal workers who are considering preparing, formulating and 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.

For, in the end, it is the written word that is the sword of a triumphant Federal Disability Retirement application, or the injury that defeats the same, and whether the extra consonant may make the difference depends upon the effectiveness of the rest of the application.

Sincerely,

Robert R. McGill, Esquire

Medical Separation & Retirement from Federal Government Employment: The Architect of Awe

There are murals of inspired souls, touched by a hand guided by forces unknown; of vaulted ceilings and high arches, and mosaics which are crafted, painted and tediously combined; and as one approaches such architectural wonders, the eyes are lifted upwards toward the heavens in such a natural order of elevation that there is no pause for self-consciousness.

Contrast that to the technology of modernity, where huddled masses with sauntering forms and stooped shoulders look down upon the glare of Smartphones, Tablets and the keyboard of laptops; the eyes never wander but within the confined parameters of a rectangular screen, and only in furtive movements of quickened and imperceptible annoyances.

The irony, of course, where the two intersect — the grandeur of architectural brilliance with the future of technological acumen — is when the tourist brings the Smartphone with the self-contained video and camera apparatus in order to gawk at the Medieval Renaissance of antiquity, but never views with the naked eye, but always through the lens for Instagram and Facebook positing.  It is, ultimately, of our posture which is most telling, and that which draws the human eye — in a downward trajectory, or with an upward inspiration.

Once, we used to build for eternity and the heavens, whereas of today we huddle in forlorn consternation over glowing screens which dull the mind and blind the eye to the created world around us.  And what of other elements in our lives?  Do they uplift, or denigrate such that we become downtrodden specimens of another’s playful cruelty?  Does the place where we spend the most time draw us as an architect of awe, or diminish the soul by whips and partial tears?

Work — that place and endeavor which occupies the majority of our time — should always lift up, and never demean; and like human relationships of linear poses (unlike the vertical one with gods and angelic superstitions), the combination should always aggregate to a greater quantity than the quality of singularity.

That is why, for Federal employees and U.S. Postal workers who discover that the present situation they find themselves in has become untenable because the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, and such a state has engendered resentment, denigration and an opposition to constructive advancement, preparing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management, becomes the preferred alternative to continuation in the present state of despair.

Going out on an OPM Disability Retirement for the Federal employee or U.S. Postal worker is never the first choice, and may in fact be the last; but the option is almost always one based upon the survival of the soul, where the architect of awe is no longer present in a world which has seemingly abandoned its teleological relish for life, but where work has come to represent harassment, denigration and demeaning anguish, and where the choices have limited the fragile compartment of the soul and thus the alternative is to suffer silently in a world gone mad and maddeningly unsympathetic to the plight of that traveler whom no one has invited from the coldness of the world.

Sincerely,

Robert R. McGill, Esquire