Tag Archives: position statement sample disability retirement for fers employees

OPM Disability Retirement under FERS: The Trials of Life

This is a difficult period in everyone’s life.  We can try and put a brave front, attempt to have a “positive outlook”, and walk around with a frozen smile on our faces, but the plain fact is that life is tough.

These days, the trials which we face often appear to be insurmountable.  Inflation eats away at the stagnant pay; the bureaucratic state seems to pass legislation after legislation which does nothing for the middle class; the amount of waste and fraud in the federal expenditures leaves one wondering — why do we pay so much in taxes when everything seems to be given away in mindless and useless political paybacks?

Did we really have to give those billions for corporations to start building computer chip factories?  How many billions were stolen for pandemic-relief monies?  At last count, was it (conservatively estimating) some 40 – 60 Billion?  What percentage of kids are now on some form of anti-depressants?  How many kids are now unable to read, write, or to pass basic educational tests?  How many suicides are there, now, every day, every month, every year?

And meanwhile, we see the value of our paychecks diminishing because of the inflationary cauldron we fail to understand.

The trials of life, indeed, are heavy in modernity, but one aspect which still provides a ray of hope for people concerns Federal Disability Retirement Law under the FERS disability system.  At least, there, the Federal Government has continued to recognize the value of providing for Federal Disability Retirement benefits for those who cannot continue to work in the career of your choice.

Contact a FERS Medical Attorney who specializes in Federal Disability Retirement Law, and recognize that — even in the midst of the trials of life — there is still a benefit which can help a FERS employee who can no longer perform one or more of the essential elements of your Federal job.

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 Medical Retirement from OPM: The Hand We are Dealt

No one is ever satisfied with the hand we are dealt.  Every now and again, of course, an exception is declared: The Lottery Winner; the sudden “star”; an unexpected turn of events; a once-in-a-lifetime coalescence of positive circumstances, etc.  But in the whole, we are not satisfied with the “hand” we are dealt.

Of course, the metaphorical reference has to do with cards — poker, black jack, other games of card usage.  Or, in living our lives, the reference can be made to the circumstances in which we find ourselves — a contentious marriage; a seemingly hopeless situation; a medical condition; a job we can no longer perform.

In the end, the hand we are dealt can only change by the manner in which we respond.  Do you hold the cards we are dealt?  Do we put them down and walk away?  Do we exchange some for others?

It is the choices we make with the hand we are dealt, which makes all of the difference.

For Federal employees and U.S. Postal workers who have a medical condition which impacts one’s ability and capacity to continue in one’s career, you have the option of filing for Federal or Postal Disability Retirement benefits.

Contact an experienced FERS Disability Lawyer who specializes in Federal Disability Retirement Law — and consider whether or not the hand you are dealt can become a winning hand.

Sincerely,

Robert R. McGill, Esquire

 

The U.S. Office of Personnel Management: The Objective Perspective

There are those, of course, who contend that there is no such thing; that we are all colored by our biases and prejudices; that “objectivity” is a false premise, to begin with, and merely a pretext to spew one’s hidden agenda.

But the mind is greater than a mere cauldron of personal beliefs.  It can, through logical analysis, strip away personal content, private biases and reach a level of logical judgements through an extrapolated methodology of abstracted conceptualizations unfettered by privately-held prejudices.  It is comprised by a disciplined approach, and is a perspective which is obtained through self-checking and considered judgments.

The U.S. Office of Personnel Management, of course, claims to review all FERS Disability Retirement applications with an “objective perspective”.  They will claim that they are not out to deny a claim, but merely reviews all Federal Disability Retirement applications with an “objective perspective”.

Have you ever read a denial of a FERS Disability Retirement application issued by the U.S. Office of Personnel Management?  They make it sound as if you had absolutely no chance of success.  Does that approach appear to be “objective”?  “Unbiased”?

Consult with an OPM Disability attorney who specializes in Federal Disability Retirement Law, and hire a Federal Lawyer who goes beyond the objective perspective, and instead becomes an advocate who will argue in your favor.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Medical Retirement: The Difference

Perhaps it is large and expansive; or, of such a thin, frail line that one can barely notice it; in either case, it is that difference — large or small, wide or thin, statistically insignificant or clearly discernible — that makes the difference.

How important is it to you?  What are you willing to invest in the difference in order to make the difference a difference of relevance?  What level and extent of a difference will make it significant enough that the difference will be the difference between success or failure?

For Federal employees and U.S. Postal workers who suffer from a medical condition which prompts the necessity for filing an effective FERS Medical Retirement application with the U.S. Office of Personnel Management, it is important to have that “advantage” and “edge” in increasing the chances of a successful application.  The difference will likely be the lawyer you choose.

Contact a Federal Disability Retirement Lawyer who has made a difference in the lives of countless thousands of Federal employees and Postal workers, and enhance your chances of a successful outcome by preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: The Use of Language

Some are better at it than others; others, still, can state in a single sentence what most will try in a paragraph or a novel.  Poets are linguistic craftsmen who utilize an economy of words but convey the greater qualitative vehicle of descriptions and word-pictures; and essayists, confined often by space limited by editors and restricted by practical concerns, not the least of which may involve the potential boredom or attention-span of readers, must by necessity struggle with clarity of content.

The use of language is a funny thought; for the best of those who engage in it effortlessly, the ideas, concepts and descriptive pictures conveyed is accomplished without concern of the process, but merely by “doing it”.  Language is something we use daily; yet, few of us pause to consider it as a tool or implement of our daily lives.  A gardener who has mislaid his or her spade will look for it and, if it turns out that it is lost, will declare, “I cannot go out into the garden to work, today.”

Do we do that with language?  Do we wake up and say, “Well, today, I mislaid my X, and therefore I cannot engage in the language game.”  Of course, we refer to language as a “tool” in a metaphorical sense, and so we recognize that there are practical distinctions to be made between a spade and language, but nevertheless, they are both “tools” which are used — or misused — in our everyday lives.

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 his or her Federal or Postal job, the time to consider the use of language becomes an important and relevant issue precisely because persuasion, description and argumentation are what must be engaged in presenting an effective Federal Disability Retirement application to the U.S. Office of Personnel Management.

Consult with an attorney in preparing, formulating and filing an effective Federal Disability Retirement application with OPM; for, in the end, the use of language will be necessary in maneuvering through a complex bureaucratic process that also uses language to deny one’s right to a benefit which must be fought for, and language is just as much a tool of use as it is a weapon of abuse.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employees Disability Retirement: The Obituaries

Why are they published, and who reads them?  Is it when a person reaches a certain age and wants a sense of security that death and age are relative issues — that there is not a necessary connection between the two?  Was mortality ever questioned?

When we come across an octogenarian’s obituary, we may merely marvel at such longevity and perhaps with some admiration declare, “At least he lived a long life”; but when we view a young person’s description on the next page, we wonder with sadness at the suddenness of it all.  Was it necessary or inevitable?  How must the parents feel —for that is the horror of every parent, is it not, to bury one’s child before one’s self?

Obituaries provide some level of comfort — of a final testament and declaration to the world that seemingly never cared; on a practical level, to provide whatever social or legal notice to surviving beneficiaries; and as a reminder to us all that life should be celebrated and not mourned — at least for those still living.

For Federal employees and U.S. Postal workers who suffer from ill health and where health becomes a daily reminder that there are some things in life which are not worth sacrificing, reading the obituaries should jar one into realizing that being a sacrificial lamb at the altar of a Federal Agency or the Postal Service is never a worthwhile goal.  If your health is deteriorating and you have a medical condition which prevents you from performing all of the essential elements of your Federal or Postal job, it may be time to consult with an experienced attorney who specializes in Federal Disability Retirement benefits.

In the end, you do not want to read your own obituary and shake your head saying, “Too young, too foolish, too late.”

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Disability for Federal and Postal Employees: Comparisons

Does it help to make them?  Do we take comfort in judging the relative plusses and minuses in making comparisons — as in, X has A, B and C, but I have, in addition, D and E, and therefore I am more fortunate that X is.  Or, is it a comparison of one’s conditions, as in: “Boy, at least I don’t have X like Lisa does”, or “At least I am not in Y’s situation”?

To the extent that comparisons remind us of that which we are blessed with, they allow for a certain level of utilitarian value.  But there is a negative side to it: Of jealousy engendered by comparison, or of discontent resulting from making one.  Rousseau, of course, makes that point throughout his “Social Contract” analysis, of the purity of man’s intentions in that fictional state of “nature” that we were once in, but where society’s accretions of materialism created the artificial emotional response of discontent and jealousy.  But compared to what?

It is important to make the fair and correlative comparisons which are relevant — as in “apples to apples” and not “apples to oranges”.  For, it is the uniqueness of each entity, object or situation to be compared with the singularity of another that makes for a proper comparison.

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 is inadvisable to compare one’s case to somebody else’s.  For, the proper comparison is not to evaluate one’s medical condition and the severity of one’s medical condition to that of another person’s medical condition; rather, the proper comparison in a Federal Disability Retirement case is to compare one’s medical condition to the essential elements of one’s position.

Thus, comparisons made must always take into account the relevant connections which relate not just in terms of similarities, but as is the case in Federal Disability Retirement Law — in what the law allows for and considers significant.

Sincerely,

Robert R. McGill, Esquire