Tag Archives: physical impairments and letter of resignation from a federal job

Federal Medical Disability Retirement: Pivotal Points

Or, forks in the road; they confront us when we least expect them, never desired, always with a sense of angst.  Half of life is procrastinating and delaying; the other half, trying to catch up to the half delayed.

The “pivot” is that central point, pin or shaft on which a mechanism turns or oscillates; so, in basketball, the foot from which the player “pivots” is the one frozen and stationary.  It is the root word where the suffix, “al” — that addendum which forms an adjective from a noun — is appended in order to create that word which we are all familiar with: of the crucial, central decision based upon that stationary point, where the movement of the other “leg” or whatever free mechanism can be directed towards, will determine the pathway, the consequences, the results — the pivotal point — in a person’s life.

We come upon many of them in life, often yet unknown, some seemingly minor at the time but with greater significance later on, upon reflection; others, of a known quantity, where the decision itself is considered “pivotal” for one’s own future.

Some examples: A minor one — of going out with friends and acquaintances, knowing that a few of them have some questionable reputations.  A night of seeming innocence which starts off without consequences, ending up in a car crash, a person dead, an arrest — in short, a tragedy which began with a simple but pivotal point, where an invitation declined could have averted the tragic results merely by non-participation.

A more “major” one: Of whether and which college to go to; whether to volunteer for military service; whom to marry; whether to accept one job over another; of whether it is time to consider filing for Federal Disability Retirement benefits under the current Federal Employees Retirement System (FERS) through the U.S. Office of Personnel Management.

As to the last of these pivotal points: Contact a FERS Medical Disability Attorney who specializes in FERS Disability Retirement Law, lest the decision to be made turns out to be of greater consequence than originally thought.

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 from OPM: Words Mean Something

Clearly, they do.  It is a necessary tool; a means of communicating; without them, we lose the ability to function in a society.  The loss of meaning comes about because we fail to use our discretion.

In a vibrant society, it is always good to try new applications, accept new words and meanings derived from other cultures, and to embrace the richness of cross-cultural usages and applications.  But precision of meaning is another matter.  Precision and proper application, done in a manner which refuses to be superficial or flippant, is important in maintaining the importance of words, their meanings, and their conceptual boundaries.

When we loosely use language in a careless manner, it diminishes the precision required of a culture.  Words, in order to retain their proper meaning, must be used to mean something; and it is the obligation of each person to attempt to use some sense of discretion in utilizing the important tool of communication.

For Federal employees and U.S. Postal workers who suffer from a medical condition and must by necessity file an effective Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management, be fully aware that a FERS Disability Retirement application is a paper presentation conveying information, arguments and data through words which mean something.

How an application is prepared; what phrases are used; what meaning is meant to be conveyed — they all comprise an effective (or ineffective) Federal Disability Retirement application.

Contact a disability attorney who specializes in Federal Disability Retirement Law and begin the process of making sure that your words actually mean something.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employee Disability Retirement: The Focus of Things

Paintings, photographs, artwork of any kind — the author, artist, poet or photographer often wants you to focus upon certain things.  The background, the context, the foreground left unfocused; or, of a certain object, person, entity or subject which is the primary point of the display before you — was it deliberately intended, or was it an accident?

Sometimes, by mistake, an accidental capture of an unintended incident or subject which was not originally the focus of things to become prominent, is suddenly recognized as being more important or relevant than first thought.  But that is a rarity.  The focus of things is normally an intended act.

Thus, in a Federal OPM Disability Retirement case, the U.S. Office of Personnel Management will deliberately focus upon certain issues.  Why is that?  To try and defeat and deny a FERS Disability Retirement application based upon what they believe is the “winning” issue for them.

From the Applicant’s perspective and viewpoint, the focus is often quite different.  And, of course, there is a difference in focus between being a “patient” of a medical condition trying to get better, and being an applicant for a FERS Disability Retirement annuity.

It is, in the end, the focus of things which can make a difference, and the reason why you need a lawyer in order to obtain Federal Disability Retirement benefits is precisely because the focus of things is quite different — as in, an advocate for your Federal Disability Retirement application can make the difference between a focused approach and an unfocused one.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

OPM Medical Disability Retirement: The Unfairness of it All

His 1971 work, A Theory of Justice, is a “must” read in these times.  For, in the end, how can we discuss the concept of “justice” unless we first come to understand the theory of justice?

Rawls’ work requires patience and thought.  It is not a Sunday-afternoon by-the-fireside read, and some would term it an esoteric work which requires a background in philosophy.  Yes — this lawyer majored in Philosophy and went to graduate school to study Philosophy, but then decided that Kant and Hegel were too difficult to comprehend, and switched to the study of law.

To break down Rawls: The Theory of Justice is essentially a theory of fairness — how do we define it; what criteria can be applied to make it comprehensive and comprehensible; what are the terms of justice which we can all — or most of us — agree upon?

Life is unfair.  Unfairness is all around us.  Within that context of unfairness, can we still achieve a societal sense of justice?

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 continuing in his or her chosen career — “unfairness” is the central theme of life.  “Justice”, in such a case, is to be compensated for your years of service to the Federal Government.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and make sure that “justice” is attained by forcing OPM to approve your Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The Gathering

They come from afar, and wide across the expanse of multiple cities, towns, and whether from rural areas or suburban neighborhoods, the criss-crossing of America is a tradition reserved for those special holidays where families gather, friends reminisce and relations pick up where old memories had left off.  “The Gathering” may be a once-yearly event, or perhaps a couple of times, and only once in a decade moment; however often, whatever the occasion, it is a time of recollection, reminiscence, restoration and rejuvenation.

Sometimes, even a gathering with people you hardly knew, or didn’t particularly like, is enjoyable enough, and though you might in the middle of the chatter say to yourself, “Why am I even here?” —yet, it is the mere presence of belonging that harkens one back to the lanes of memories that will not let go, like the dog that has locked its jaws onto your pant-leg and will not release you until you have finally relented.

Of course, there are other “types” of gatherings that are not so enjoyable or which bring a sense of warmth and joy — as in the “gathering” of Supervisors or Managers in conjunction with Human Resource Personnel who attempt to subvert, initiate adverse actions and conspire to make the life of a Federal or Postal employee a “hell on earth”.

Federal employees and Postal workers who suffer form 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 are at a stark disadvantage when it comes to filing for Federal Disability Retirement benefits: Often, the Human Resource Office of one’s own agency is neither helpful nor mindful of the confidentiality of even asking a casual question.

A simple question like, “What forms need to be completed in order to file for Federal Disability Retirement?” — may suddenly lead to a wildfire of rumors and innuendoes concerning one’s motive, intention and future plans, and suddenly the “point-person” becomes the pariah and a gathering of managers and supervisors suddenly materializes like a an unexpected dust storm in the middle of the Gobi Desert.

Not all gatherings are equal; some are for the happiness of memories recollected; others, a conspiracy to initiate adverse actions and to undermine the future plans of a well-intended act.  For the Federal employee or Postal worker who must begin to prepare, formulate and file an effective Federal Disability Retirement application, “The Gathering” one should be most concerned about is the one to which you were never invited, so beware of the things you say, to whom you say it, and when you make the query.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Season’s end

The cyclical nature of the seasons provides for comfort in its monotony of regularity; we are subject to nature more than we realize, and the onset of the next season means the end of one, the beginning of another and the endless cycle of repetitive regularity.

That concept, in and of itself, is a strange one, is it not?  Of “repetitive regularity”; for, can “regularity” encompass a series of elements without repetition?  And, is not repetition itself the foundation of regularity?  Is there a distinction with a difference to be made?

If a person goes to the same coffee shop every day, at the same hour, and orders the same cup of coffee each and every day of his life, we would describe that person as being a “regular”.  Further, we might describe what he does as “repetitive”, and thus would say of him: “He engages in an act of repetitive regularity”.

That perspective would be a fairly accurate one from an objective, outsider’s viewpoint.  But what about from the subjective perspective – from the person himself who goes to that same coffee shop each and every day?  He might say: “No, it is not repetitive, because each cup of coffee, to me, is a brand new one, just as each day I wake up is a new day; and, besides, I might wake up one day and go to a different coffee shop, and then you would not consider me to be a ‘regular’.”

Would such a statement be accurate?  Would it be truthful?  And what about the short time-frame within which we assign so quickly the label of “regular”?  From an omniscient viewpoint, would doing X for a month, a year – or even a decade – properly constitute “regularity”, when eternity is the standard by which it is being judged?

A season’s end and the next one’s beginning can certainly be considered as repetitive regularity; for, that is often what we rely upon as a security of comfort, in the very knowing of the next one coming. That is the insidious impact of a medical condition, is it not?  That it creates uncertainty, and suddenly repetitive regularity is no longer guaranteed, as if the season’s end may be its last.

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 duties, the medical condition itself may be likened to the season’s end.

Fortunately, there is the benefit of Federal Disability Retirement, however, and that may, as well, be likened to the repetitive regularity of a season’s end – only, it is the onset of the “next season”, and that is some comfort upon which to take refuge, like the flock of geese that fly south for the warmer climate of tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability: The Chasm between Expectation and Reality

Expectation constitutes the anticipatory goal to be attained sometime in the near or far future; reality is the actualization of the potentiality of one’s imagination.  That anticipatory potentiality, however, can be formulated based upon numerous factors, including:  baseless imagination (more of a child-like quality); desire and hope (with perhaps some admixture of factual context and content, and somewhat of a more mature basis); or sequences of planned actions culminating in a realistic fulfillment based upon actual circumstances analyzed, deliberated upon and ascertained (a mature consequence of purposeful strategies formulated and initiated).

The chasm which exists between one’s expectation, and the reality of fruition, retrospectively reveals the state of maturity (or immaturity) of one’s soul.  That is why gamblers and lottery tickets abound; for, the play upon adolescent wants and desires portends of dreams unfulfilled, desires still unrestrained, and creative imaginations unbounded allowed to wander aimlessly.

For Federal employees and U.S. Postal workers who expected one’s own agency to embrace loyalty and constancy of support just because the Federal or Postal employee showed such honorable characteristics for many years previously, and perhaps for more decades than the half of one’s lifetime, the chasm of reality often hits hard.

Medical conditions can often be “accommodated“, if only in a loose, non-legal sense of the word.  But it is amazing how people and organizations suddenly become quite “legal” in matters where honor should prevail; and in that sense, to be “accommodated” takes on a new and restrictive meaning.  Medical conditions often bring out the worst in people and organizations, and concepts involving the humanity of one’s soul no longer become relevant, but mere irritants to be legally sequestered in order to protect and deny.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties, 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, is often the last bastion of hope — hope which bridges the chasm between expectation and reality, and one which sets the path for future security upon the solid foundation of a reality which one may want to shy from, but which one cannot escape in this world of love, hate, humanity and cruelty — the compendium of that complex animal called Man.

Sincerely,

Robert R. McGill, Esquire