Federal Disability Retirement Law: The Mistakes We Make

Do you ever look back on your youth and wonder, Wow, how could I have made those mistakes?  If you escaped some significant and major consequences, then likely Providence was looking over you.  Of stupid dares you accepted; of actions bordering on the illegal; perhaps some reckless outings where the police somehow didn’t notice; or of things we did yet hoping for a reprieve, a reset, a forgiving heart.

Do we regret them?  Not if we escaped the repercussions which have beset others; for, it is in the very foolishness of what we did, of the mistakes we made, but where the natural consequences failed to take hold — that is, quite often, the definition of youthful folly.

Nowadays, of course, such youthful folly has become far from innocence-in-action; death, or serious harm, often results, and we have to pay the consequences of such misdeeds.  Somehow, today’s youthful follies are not like those immature misdeeds of the recent past; instead, they are deadly, and neither “innocent” nor “youthful”.

Then, we one day became adults and youthful follies could no longer be considered as such.  The age of adulthood made you no longer youthful, and certainly not free of liability.

For Federal employees and Postal workers who have come to a critical juncture where serious consideration must be given to preparing, formulating and filing an effective OPM Medical Retirement application under FERS because of a medical condition which no longer allows you to continue in the career of your choice, the mistakes we make in preparing, formulating and filing an effective disability retirement application under FERS can lead to devastating consequences.

No longer can you rely upon excuses of past misdeeds:  Of youth; of ignorance; of innocent lack of knowledge, etc.

Contact an attorney who specializes in FERS Disability Retirement Law, and don’t let the mistakes we used to make within the jocular other-worldliness of youth and folly become the mainstay of why you are deprived of a disability retirement annuity which should be obtained, but for the mistakes you used to make, and the ones’s you may still make.

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 Application Denied: The Response

How do we learn how to respond?  Are all responses appropriate?

If a person you pass along the street says, “Hi, how are you doing?” — is the appropriate response to actually stop and give an hour-long dissertation about your life history, how your cat recently was run over by a car, and about your kid’s problems in school?  Or, do we just tip our head with a quick nod and respond with: “Good. Have a nice day”?

And of that irritating car in front of you in a one-lane road going 25 mph when the speed limit is 50 — do we honk aggressively, try to pass even though there is a solid yellow line, and finally accelerate illegally on the shoulder, on the right side, and speed past him?  Of course, when the police officer stops you and tickets you, it is hardly a response to say, “But officer! He was going 25 in a 50 mph zone!”

Every society possesses established conventions to follow, and “appropriateness” is generally defined by recognition of, and adherence to, such conventions.

And to an OPM Denial in a Federal Disability Retirement case:  Do you write a long dissertation and attack each point — or do you call a Federal or Postal Attorney who specializes in Federal Disability Retirement Law?  Or, even if you haven’t filed, but you know that you cannot reach retirement age because of your deteriorating health — do you just submit a letter of resignation and walk away?

No; the proper response is to contact a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and to discuss the strategy and the proper response in order to file an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, under FERS.  For, in every endeavor of life in this complex world of conundrums and perplexities, there is a “response”, and then there is the “proper response”.

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 Worker Disability Retirement: Comparative Suffering

Human beings have a need — or perhaps, merely a desire — to compare one another’s status, stature, standing and state of suffering, as well as other non-alliterative issues.  Suffering is a state of existence which can be compared — of the extent, severity and qualitative basis — as well as the responses and reactions thereto.

How much can an individual endure?  Is our own suffering “as bad” as the next person’s?  How is it that some people can withstand with apparent aplomb an avalanche of suffering while the next person can barely handle a de minimus amount?  Can we really quantify suffering, or is it based upon the tolerance-level of each individual which determines the capacity of any response?  Does comparing one’s own suffering really help in the therapeutic recovery of a coping individual?

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, comparing one’s medical condition to the next person’s medical condition is actually the wrong approach in considering whether or not to file for Federal Disability Retirement benefits.  Rather, the “right” comparison is with the essential elements of your particular job, and whether or not you can perform all of them.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and make sure that the comparative suffering is between apples and apples, and not between the misguided comparison of apples versus oranges, or even of comparative suffering between incomparable medical conditions.

Sincerely,

Robert R. McGill, Lawyer
Federal Employee Retirement Attorney

 

Postal & Federal Employee Disability Retirement from the OPM: Knowing the Issues

Without that knowledge, you are going into the arena of legal battle in a blind state, at a disadvantage, and with a high susceptibility of being defeated.  Not knowing what the issues are is like engaging in a frontal assault without having first scouted the position of the enemy — their strength; the terrain; the weapons they possess; their numbers; what fortifications they have established, etc.

You can take a shotgun approach — of guessing at what potential issues may arise — and address them with generalizations and attempted musings of preemptive arguments, but if you don’t know what the issues are, how will you specifically address them, even in a prefatory manner?

In preparing a Federal Disability Retirement application under FERS, it is important to not only know what the issues are, but to address them in a preemptive way by citing the case-laws which apply.  Each OPM Disability Retirement case has general case-law citations which are always applicable — Bracey v. OPM, for instance.  But then there are specific case-law citations which should be tailored to the unique circumstances of your individual case.

That is why consulting and hiring an effective OPM Disability Lawyer who specializes in FERS Disability Retirement Law is important — so that you do not engage OPM blindly, but with a full view of what you are facing, the issues which need to be addressed, and the confidence that you have given yourself the best chance at success.

Sincerely,

Robert R. McGill, Esquire
Federal & Postal Disability Lawyer

 

OPM Medical Disability Retirement under FERS: Smart People

They are all around us.  The ones who claim to be often are not; the ones who are identified by others as such often think too highly of themselves, so that their own opinions of themselves have undermined the very ascription of the identifying feature; and those who really are seem to be taken in with the self-identification, and have become aloof, arrogant and overwhelmed by self-importance.

Being smart is one thing; being smart and possessing other attributes — like kindness, empathy, having a conscience or just showing a concern for others — is quite another.  Humility is a character trait which is fast disappearing in this world.  These days, being “smart” carries very little significance, as there appear to be smart people everywhere.

Perhaps you are smart.  Perhaps you are surrounded by smart people.  That is well and good.  But for the Federal employee or U.S. Postal worker who begins to 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 his or her job, being smart and being surrounded by smart people becomes less of a factor in life.

Life is a matter of proper perspectives.  Being smart in the face of deteriorating health grants you nothing extra, and when you need to file for Federal Disability Retirement benefits, you will likely find that your Agency or Postal facility — which are filled with smart people — are also some of the meanest and self-centered people you have ever met.

Call a Federal Disability Retirement Lawyer and dispel the notion that being “smart” is what is important; there are, to be sure, more important attributes to consider.

Sincerely,

Robert R. McGill, Esquire

 

FERS Retirement for Mental or Physical Incapacity: Liars

Do saints or angels exist?  That question necessarily implicates a further query: Are there beings in the universe who have never lied?

Of course, we do make the conceptual distinction between “a person who lies” and “a liar”.  The former refers to all of us; for, of whatever reasons justifying it or in defining the concept of a “lie”, we all must admit that we have engaged in the act at one time or another — unless, of course, we deem ourselves to be either an angel or a saint.  As for the latter — it refers to and implicates not a person who may lie every now and again, but rather one whose reputation is that of a chronically dishonest person.

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, the problem of liars becomes an inherent, regular part of the Federal Disability Retirement process.  For some reason, Federal Agencies, Supervisors, managers, H.R. Representatives, etc. — all seem to engage in and bring out the worst within a context of lying.

Why such fervency of opposition, as if a person’s disability retirement application must be opposed, and therefore memories falter, resistance intensifies — is it because people simply do not like the idea of someone else gaining a benefit?

Whatever the reason, liars must be countered with the force of truth, and that is where a Federal Disability Retirement Lawyer who has the experience of trial work, cross examination and articulation of legal argumentation is important to engage.  Contact an experienced Federal Disability Retirement Lawyer and prepare yourself to counter the lies that will surely come about, unless, of course, you believe that your Agency or Postal facility is full of saints and angels.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Medical Retirement Benefits: Operating by Fear

NFL teams do it; other sports teams operate by it; corporations cross over into territories of ethical lapses because of it; and, all in all, it is probably a genetic trait from prehistoric times which triggers us into what is commonly known as “survival mode”.  Fear triggers a biochemical response in our bodies where the rush of adrenaline infuses and sharpens every instinct in our being, and we react in either a “fight” or “flight” mode.  The quick-reaction force that compels our bodies and minds to act in order to overcome the fear, is probably a healthy response, and necessary for survival.

It is when such a mode of living becomes chronic, and where we operate by such means over an extended period of time, that it becomes obsessional and likely unhealthy.  The survival instinct is there within us in order to repel and overcome the flashing lights of danger; it is not meant to become a way of living.

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, if the continuation of your work involves the constant operation of working for fear of losing your job despite the impact of your medical conditions upon the capacity to do so, contact a FERS Attorney who specializes in Federal Disability Retirement Law and consider whether or not filing for Federal Disability Retirement benefits might not be the best avenue to calm those survival instincts, and get rid of that mode of operating by fear.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Gap Between

Sometimes, it is wide and unable to be closed; in other instances, the distance is just enough to present a challenge, but by no means unreachable; and in rare instances, we shrug our shoulders because of the insignificant width encountered, as if the irrelevancy is too unimportant to even bother with.

Why is it that we so admire those who have overcome adversities of greater chasms?  If one is “privileged” with all of the inherent advantages of life, and one succeeds, is it because the expectation of success was taken for granted?  On the other hand, if one is born with the proverbial “silver spoon” in one’s mouth, and fails miserably to achieve anything in life, do we disdainfully roll our eyes because we expected so much out of the person and make spurious judgments as to the inner character of such an individual?

Likewise, why do we admire a person who began life in the gutters of disadvantages, and yet made something of him or herself?  Is it because we are all, by nature, “betting people”, and where the odds are stacked against an individual and nevertheless the underdog prevails, we admire such qualities of fortitude and success in the face of such odds?

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, the odds are great that you will need to file for Federal Disability Retirement benefits.

In order to close the gap between success or failure against the U.S. Office of Personnel Management, however, it is best to consult with a Federal Disability Retirement Lawyer — lest the odds are stacked against you, and you need to better those odds to make them more favorable for a successful outcome.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Federal Employees: What to Do

It is both a question as well as a concern; a reflection, a statement of loss; a somewhat neutral muddle; like being stuck in quicksand and not quite knowing whether to move or to remain still.  There is a pause right after the words are spoken; an uncertainty, even a feeling of paralysis.  When confronted with a complexity, the query itself may have to be set aside, thought about, reflected upon, pondered for a time.

Often, the best “next step” is to consult with an expert in the field; for, the mere query itself, of openly declaring — and not necessarily with a question mark following — of “What to do” provokes a prefatory consideration that the puzzle was too great to tackle in the first place.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prompts the query, “What to do?”, the first step in the process is to consult with an attorney who specializes in Federal Disability Retirement Law.  The OPM Disability Lawyer who specializes in Federal Disability Retirement Law will be able to guide the Federal or Postal employee into the next steps, and the first steps are often the most crucial in the long and arduous journey through the thicket of OPM’s bureaucratic maze.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: The Weather

We all know it is true; of clear, crisp days, when our minds are sharp with wit; of low pressure systems that loom overnight, bringing about a dark and dreary day and, along with it, our minds of dread and fogginess.

Biodynamic farmers ascribe certain days as “unfortunate” and restrict and minimize the type of activities recommended; Shakespeare, who ascribed astrological influences peppered throughout his plays and sonnets, and of weather in King Richard III, Act 1, Scene 1: “Now is the winter of our discontent, Made glorious summer by the sun of York; And all the clouds that lour’d upon our house, In the deep bosom of the ocean buried”.

We like to think that, in our sophistication of science and modernity, such factors as the planetary movements, the seasons, the weather, etc., have little to no influence upon our feelings, emotions, conduct or thoughts.  Perhaps Camus was more right than he knew when the principal character in “The Stranger” attributed his misdeeds upon the sun.  In the end, whatever the weather of the day, we are forced to weather the storms of our lives.

Medical conditions represent a metaphor in the life of a Federal or Postal employee; like the weather, the changing nature of the atmosphere around must be accepted and, at the same time, it is a storm-like state of being that must be endured — or “weathered”.

In the event that a change of career must be undertaken, it is important to consult with an OPM Attorney who specializes in Federal Disability Retirement Law.  For, in the end, whether it is a sunny day or a stormy one, the weather cannot be blamed for an ill-prepared Federal Disability Retirement application, and if denied by OPM, it must be weathered whether the weather had any influence or not.

Sincerely,

Robert R. McGill, Esquire