Tag Archives: post office long term disability lawyer

OPM Medical Retirement for Federal & Postal Workers: The Saddest Story

What makes for a sad story?  What touches us as the saddest story?  Is it a tragedy unexpected — as in, the death of a parent, leaving behind a grieving spouse or partner, and dumbfounded kids?  Or is it the story of a promising young person whose life is cut short by an accident?

Does “fault” matter?  If death or grave injury occurs, does the sadness of the story depend upon whether and to whom one can ascribe blame?  And does intentionality also come in as a factor — of whether the death, injury or unfortunate circumstances resulted from a deliberate and intentional act, or whether it was an “accident” where the event just played itself out without any participatory involvement of the “victim” in a given case?  Or, is the sad or saddest story dependent upon the viewer, the reader, the witness, etc. — of how sensitive that person is, whether he or she possesses an empathic character or one which is somewhat more blunted and callous?

Or, as is more likely — does it depend upon both: Of the story and the receptor in combination to determine the “sadness” of a story or narrative?

In the end, the saddest story combines the elements identified: Of a potentiality cut short; involving circumstances beyond one’s control; where fault cannot be ascribed; and where someone must pay an unwilling price.  Sounds somewhat like a Federal or Postal employee who must file for Federal Disability Retirement benefits under FERS.

Of course, there are greater tragedies — where death and grieving widows are concerned; but one should not discount the plight of the Federal or Postal employee who can no longer continue in his or her career, and must file for Federal Disability Retirement benefits.

Contact an attorney who specializes in Federal Disability Retirement benefits under FERS, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, and preparing the Applicant’s Statement of Disability for OPM to ponder the saddest story.

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 Employee Disability Retirement: Expertise

What constitutes it, and who determines the status of when it is achieved?  We hear about people who are “experts” in this or that, referring to either experience, association or credentials, and based upon that, we accept their status of being an “expert” in the field.  Can that be undermined by personal experience?

Say a person has a Ph.D. in a given field, has worked in the capacity of that field for 30 years, and everyone in the field refers to him as the “resident expert” or “the best of the best” in the field; and yet, in a given situation calling for his or her expertise, he or she fails, is wrong, or otherwise falls short of having provided any competent input.  Does that undermine the expert’s status as an expert, or does one shrug one’s shoulders and say, “Well, you can’t be right all of the time”?  Say a “non-expert”, during the gathering of expertise and amassing of various opinions in making a critical decision, suddenly pipes up and says something contrary to what Dr. X – with-the-Ph.D-with-30-years-of-experience believes and has stated, but in the end he turns out to be right — does that make him or her the new resident expert?

There are, of course, the various logical fallacies — like the fallacy of “association by reputation” or of presumed certitude based upon past experiences (refer to David Hume, for example); but the ultimate question may come down to a simple grammatical one: is the concept used as a noun, an adjective or an adverb?  How does one “gain” expertise, or attain the status of an “expert”, and can it be by experience alone, a credential earned, or by reputation gained — or a combination of all three?

How did Bernie Madoff swindle so many people for so many years?  Was he considered an “expert” in financial matters, and what combination of the tripartite status-making byline (i.e., reputation, experience and credentialing) did he possess to persuade so many to be drawn to him?  Or, is it sometimes merely greed and a proclivity of vulnerability to a good storyteller enough to persuade one that a certain-X is an “expert”?

For Federal employees and U.S. Postal workers who have come to a point in their lives and careers where a medical condition has begun to impact one’s ability and capacity to perform one or more of the critical or “essential” elements of one’s Federal or Postal job, a certain level of expertise may be necessary before preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Ultimately, it is not “expertise” or some prior reputation that is important, but the accuracy of information received and the truth of the knowledge relied upon — and for that, one should do due diligence in researching not merely the “credentials” of those who declare some “expertise” in the area of Federal Disability Retirement Law, and not even self-puffery of self-promoting success, but in addition, an instinct as to the truth of what is stated.

Sincerely,

Robert R. McGill, Esquire

 

Early OPM Retirement for Medical Incapacity: The many tomorrows yet to come

Does hope lie fallow when the basket of tomorrows become numbered too few?  When endless tomorrows lay before one’s imagination, too numerous to count that one need not bother, does that purport to show that one has a great quantity of hope, or merely that youth’s folly allows for a carefree tomorrow where an eternity of tomorrows can never be reduced to a handful beyond a few todays?  Can time and incremental portions of divided moments be quantified in that manner?

That has always been an anomaly for the undersigned writer — the quantification of time, as in the manner that religious beliefs are scoffed at when it comes to the story of genesis.  For, those who hold to the strict construction and literal meaning of the timeline of how old the earth is, count the obscure generational extensions of people who lived in former times, and somehow declare that the world is X-amount of years old.  How one can calculate with precision that which is not explicitly stated is a conundrum in and of itself, leaving aside the issue of whether time can be quantified if the order of the planetary system and our specific galactic orbit had not yet been established.

Evolutionists, of course, contend that the world was clearly created billions of years ago.  To both, the question is:  Tell me the logical difference between the following 2 statements — 1. The world was created a long time ago, and 2. The world was created billions of years ago.  Do humans have the capacity to imagine time beyond the present moment, or perhaps yesterday or a couple of days ago?  What does it mean to say to a person, “A type of human being walked the earth 10 million years ago”?  One can barely remember where one has placed the screwdriver used last week, and yet people want to put some significance upon a belief-system that purports to quantify time.

Ultimately, the question of whether one believes that the earth is a mere 10,000 years old, or billions of years in the making, is not a factual or scientific one; it is, a political condemnation that categorizes a person’s religious belief into a bifurcated system of: Is he/she “scientific” or “religious”?  In the end, time cannot be so easily quantified; rather, it is a basis of hope and an anticipation of a future yet to be resolved.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal worker from performing one or more of the essential elements of the Federal position, time often becomes paralyzed, much like our imagined world of dinosaurs and prehistoric images of those Pleistocene eras and beyond; and as time is unable to be made meaningful except in the here and now — by imagining the many tomorrows yet to come — preparing an effective Federal Disability Retirement application that lets you project a life beyond the present-day circumstances of pain, medical conditions and deteriorating health, is the singular differentiating way that humans can separate themselves from other species: with hope.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: “Doing the best we can”

Sometimes, it may be a true statement; at others, it may merely turn out to be a throwaway line that is cast about to deceive a decoy into the mix.  What is the objective criteria in determining the truth of the statement?

If a young lad is failing in school and the parents contemplate some form of incentivized punishment, does the mother who relents and says, “But he is doing the best he can” have any credibility?  Or, does the filial affection shown and the inability to disbelieve the large and pitiful eyes looking back with tears rolling down his cheeks, pleading and saying, “But mommy, I’m doing the best I can!” — does it make it true?

How does one determine and separate out the complex structures of truth, objectivity, human emotions and the arena of subjective elements all contained within the bastion of a single declarative sentence?

Or of another hypothetical:  Of a man or woman who is disabled and clearly struggling, but doing everything he or she can do to extend one’s career — overcompensating by working twice as hard, twice the time expended, and three times the effort normally required; does the declarative sentence, “He/she is doing the best he/she can!” mean anything?

There are, of course, differing perspectives — to whom the declarative sentence is being addressed and the one who issues the statement, and the chasm between the two often indicates the loyalties ensconced, the self-interest concealed or otherwise left unstated, and the group-think attachments that cannot be disregarded.  That is the problem of the futile treadmill — no matter how much more effort you expend, it gets you nowhere.

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 Postal or Federal job, “doing the best we can” may actually mean something — but likely only to you, and not to the Federal Agency or the U.S. Postal Service.

The plain fact is that the “rate of return” on the expenditures invested will never maintain any semblance of comity or balance.  For, the very extraordinary efforts being expended are more indicators to the Federal Gov. Agency and the U.S. Postal Service that you are no longer “normal”, and people tend to have that herd instinct and group-think affinity where anything out of the preconceived norm cannot be accepted.

“Doing the best we can” — is it enough?  Likely, not.

Filing a FERS Medical Retirement application through the U.S. Office of Personnel Management will not betray the thought behind the declaration; for, in the end, who are you trying to please?  If it is the Federal Agency or the Postal Service, you are doing a disservice not only to your own health, but to the truth of the declarative sentence itself.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Disability Attorney

 

Federal & Postal Disability Retirement: Meaning of life

Most of us are too busy to pause for air, reflect upon theoretical, hypothetical or philosophical issues that have little to do with day-to-day living or earning wages in order to maintain a certain standard of living.  Every now and then, however, when the tumults of life’s encounters reaches a pinnacle of unsolvable problems such that the stressors exceed the barometric pressure allowable for the human psyche to withstand, there is a compelled stoppage, a mandated cessation and a forced condemnation to rest.

It is, in short, called a “medical condition”.

It is when we become debilitated, destroyed, distraught and disillusioned that we begin to ask such universal, exhaustive and unnatural (by this term is meant with a rhetorical question:  What other animal in nature asks such questions, and thus do we posit them as “unnatural”) to the core queries that, as Bertrand Russell once wittily quipped, is likely the result of indigestion.

What do we mean when we ask such questions; of looking up at the ceiling with furrowed eyebrows and inquiring, “What is the meaning of all of this?”  It is, of course, the focal point of “this” that one must then turn to, for such a word is obscure, undefined and like a blank space to be filled, can be interpreted in an eternity of ways depending upon the context of the query.

Is the “this” referring to the pain, suffering and debilitating medical condition being experienced?  Is it about the “unfairness” of it all and the fact that others seem to be roaming this earth carefree, careless and thoughtless as to one’s pain, whether physical, emotional or cognitive?  Or does the “this” reference the connection of all of that striving, the hours and commitment to work – of a loyalty to a Federal Agency or the Postal Service who cares not about your medical condition, may not have even noticed your absence (at least for the time being until someone finally notices the pile of work backing up on the desk of that…what was her name?) and likely thinks of individuals as mere cogs in a wheel, replaceable and fungible.

In the end, Russell was probably right; such questions about the “meaning of life” are beyond the comprehension of any level of rationality, belief or coherency that has any real impact upon our lives to make a true difference.  What really matters, in the end, is not that “philosophical” query about the meaning of life, but about human contact, relationships, and securing a future for ourselves and our families.

To that end, preparing, formulating and filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is an important next step for the Federal or Postal employee who can no longer continue in the career position of his or her choice.  For, filing an effective Federal Disability Retirement application actually does answer the question, “What is the meaning of ______”; it may not be the grand concept of “life” itself that completes that blank, but it sure beats walking away with nothing by obtaining an annuity to secure one’s future so that other things in life may be enjoyed.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement from Federal Government Employment: Forms, Formats and Conformity

Forms rule; formats pervade; conformity to previously formatted forms are imposed both by the forms themselves, as well as through the delimiting presentation proposed by the formatted appearance.

Forms represent bureaucratization of an industry once known as a mere whippersnapper, but which now has grown into a behemoth and overpowers all with its industrial strength and dominance.  Formats demanded by such Leviathans of leveraged leaders in lapidary loquaciousness lead leftovers left scratching lonesome and lackluster lilliputians (leaving aside luckless left-handed leeches left to lollygagging lamentably).  Conformity by all others reflects the power of forms and formats, as everyone wants to be like everyone else, and rebels who defy the standards of sameness threaten the very essence and structure of a society comfortable with a herd-like mentality.

Federal employees and U.S. Postal workers know this concept well; for, while youth may enter into the Federal Sector or the U.S. Postal Service with grand ideas of “conquering the world” with “new and innovative” ideas never before thought of (why is it that the young believe that they alone came up with the idea of a wheel, or that defying one’s parents is something that cave-teenagers never engaged previously in epochs long forgotten?), it takes but a mere few years before the spirits are dampened and the fury of imaginative flames are extinguished.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition, such that the medical condition necessitates preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, encounter with, and confrontation of, another set of “forms” with a specific “format” which must follow a baseline “conformity” must again be faced.

Most Federal and Postal workers are under the Federal Employees Retirement System (FERS) and must complete two series of forms for purposes of filing for Federal Disability Retirement:  SF 3107 series, including the Application for Immediate Retirement and Schedules A, B & C; as well as the SF 3112 series, along with the onerous “Statement of Disability” as formatted in SF 3112A. For those rare dinosaurs under the Civil Service Retirement System, the SF 3107 series is not for you, but rather, it is the SF 2801 (when are you all going to fade away so that the government can save some money by throwing aside those forms?).

Just remember this:  Forms are formatted for a specific purpose; and while conformity is necessary in order for streamlining in favor of an overworked bureaucracy, in the end, the purpose of all three — forms, formats and conformity to the first two — is to achieve an end-goal, and in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, that achievement is attained by getting the necessary proof and documentation over to OPM, in order to get an approval of one’s Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS-Offset.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Pastoral Painting

It is that which we strive to achieve; a moment of quietude, an aside of reserved inattention; that plateau where sheep graze silently in pastures green, and the distant echo of a neighbor’s dog barking is merely but a contour from the daily hubbub of reality.  Perhaps the pastoral setting is but an idealized paradigm; but, without it, there is a sense that life is pointless.  We may engage in daily meanderings and wonder about teleological issues on high; but, in the end, something more mundane is the normative constriction which compels us to act.

There is a scene in an old Western, where Mose Harper (who is played by Hank Worden) makes it known that all he wants at the end of his trials and travails is an old rocking chair to sit in, to rock the time away in the wilderness of the life he experiences.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts one’s livelihood, the capacity to continue in one’s chosen career, and the ability to maintain a regular work schedule, filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is tantamount to that metaphorical rocking chair.  For some, it may not seem like much; but one doesn’t know (as the esteemed Paul Harvey used to say) “the rest of the story”, of whether and what Mose Harper did after a few tranquil evenings rocking away.

For the Federal and Postal employee, whether that Federal and Postal employee is under FERS, CSRS or CSRS Offset, it must often be taken in sequential steps of advancement.  The idealized plateau as represented in a Pastoral Painting is often the first step in the process of further life-experiences; and just as Mose Harper asked only for a rocking chair at the end of the day, it is what happens the day after, and the day after that, which will determine the future course of one’s life beyond being an annuitant under FERS Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Compartmentalizing

It may well be another evolutionary vestige to have the capacity to divide, separate, pigeonhole and compartmentalize; otherwise, the extreme bombardment of visual and auditory stimuli would be overwhelming, and perhaps untenable to one’s ability to process the volume and extent of the information needed to receive, analyze and comprehend.

What is relevant; what must be immediately attended and responded to; which sets can be procrastinated; where does this bit of data go to?  In this world of information technology, perhaps the human animal is best suited to amass and bifurcate into seamless paradigms of perceptual pinholes for proper processing.  But, of course, as with all things advantageous, there are elements of negative consequences.

For those who have limited capacity to effectively engage in such endeavors; and for those who suffer from medical conditions which limit and reduce such capacity.  Medical conditions tend to lower the tolerance for stress; and in this world of fast-paced technology, there is little room for empathy for those who cannot maintain the maddening spectrum of timeless busy-ness.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s job, the inability to withstand the level of stress is often the turning point of making the proper decision in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

Some may whisper that he or she is no longer able to “hack it” in the real world; others may simply sneer or snicker with purposeless pride of pernicious penchant for punishing pointedness.  But the reality is that there is almost always an intimate connection between stress, the capacity to tolerate stress, and health.

Health involves man’s ability to compartmentalize; and whether through the evolutionary mechanism of survival of the fittest, where those who became best at separating the relevant from the unimportant; or just because those who are able to bifurcate and comprehend happen to parallel the course of history in developing the complexities of the information age; whatever the reasons, the time of ultimate compartmentalizing comes in the self-recognition that it may be necessary to identify the source of one’s deteriorating health, and to allow that to be the impetus and compelling reason to begin the process of preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire