Tag Archives: post office retirement lawyer serving montana employees with disabilities

Federal Disability Retirement Application: That Old Dog

Dog ownership has its virtues; but then, in a society where loneliness is rampant despite all of this talk about being socially “connected”, having man’s best friend is almost a necessity to counter the isolation within the maze of technological excesses.

The virtues are innumerable: Of a faithful companion (thus the old saying that a dog is man’s “best friend”, because the terms “friend” and “faithful” cannot always be counted on when referring to a fellow human being, whereas it is a certainty when involving a dog); one who never judges, but accepts; a listener of inexhaustible capacity; a cuddle-companion when needed; and multiple other unlisted advantages.

Of the downside:  Fleas; ticks; expenses (visits to the veterinarian; dog food; flea & tick medications; sometimes, surgical procedures, etc.); having to clean up the poop in the yard or when walking him or her; what to do when you need to go away for a few days; and lastly — of old age.  Dogs grow old and feeble; and like every other species, they die.

When first the puppy breath and face-licks of a newcomer, we don’t think about that old dog.  Mourning; grief; sadness — they are all emotions which engulf us when that old dog — once a mere puppy, always the faithful one — begins to deteriorate and suffers from the ravages of old age.  That old dog gave the best of his or her years and now it is time to take care of the faithful companion, to give comfort in those last remaining years, and to do the best in return for the best years given.  But that people would have such sentiments for fellow human beings.

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, do not be surprised if your Agency begins to treat you like some old dog who doesn’t matter.  You — the one with a medical condition and, because of the medical condition — are the old dog but without a caring owner.

Don’t expect the Federal Agency or the Postal Service to return the faithful service you gave for all of those many years.  Instead, contact a Federal Lawyer who specializes in Federal Disability Retirement Law and begin the process of taking care of yourself by preparing, formulating and filing an effective Federal Disability Retirement application under FERS, lest you get thrown out like that old dog who was flea-infested by an owner who knows nothing about the humanity of how to treat that old dog.

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: The Appearance of Perfection

You’ve seen those adds — 99,9% Success Rate!  Or even the 100%, Money-back guarantee.  (Well, if they are willing to give you back your money upon a failure, how is it successful?  Or, of course, the fine details of the agreement will say, for instance — minus any administrative costs that must be deducted, etc.).  There is some truth and honesty to the matter, of course, in that “appearance” of perfection is not the same as perfection itself; but it is the purpose of “appearing” to be perfect without attaining the vaunted status of perfection that is the whole point, is it not?

Somehow, even though we all know that perfection cannot ever be attained (precisely because the two concepts, “perfection” and “man” are incommensurate, as the former requires transcendent precepts unsullied by flaws and mistake-ridden potentialities and the latter is too often defined by qualities lending to errors), we become persuaded that there is a possibility of “near-perfection”, which is no perfection at all but at least is akin to, or has the appearance of, that which we know can never be attained.

Then, of course, there is the matter of how one has attained the appearance of perfection — what class of content has been excluded in order to make that appearance of perfection; how have the percentages of “success” been defined, etc.  There are any number of ways to attain the appearance of perfection, but this we know: The methodology of contorted manners in which the appearance of perfection is reached, is never defined by perfection itself.

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, consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law.  While “perfection” may never be attained, you will at least know that a realistic assessment will be provided in evaluating your case, and not some blather about one’s appearance of perfection.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: That Looping Music

It is somewhat bothersome and irritating, especially when you don’t even like the musical slice or would have gotten tired of the repetition of either the rhythmic beat or the chorus of words sung over and over again.  No matter the attempt — of trying to replace it with another tune or song, or simply concentrating upon banishing the repetition by sheer will — somehow, when the mind tires or the focus wavers, it comes back without any conscious attempt, and we find ourselves with the same words looping back into our minds.

No matter our attempts; it is only time which vanquishes and vanishes, until we realize that not only are we no longer looping the musical piece over and over again, but we cannot even remember how it went.  Or, if we do remember, we have done the very opposite of what we set out to do — for, by remembering, we begin again the looping of that tune or poetic ensemble all over again, only this time in a weaker version than the previous time.

Time does, over time, heal; that is a tautology of sorts, of course, but it is a truism that is only half-true.  For, beyond time itself — we also have to give it a chance to heal, and 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 mistake that is often made is to simply think that the medical condition will go away and that time will heal all things. But unlike the looping music that keeps gnawing and nagging but eventually fades from our memories, a medical condition will often possess a persistence that is stubborn beyond time’s ability to heal.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and begin to allow for time to heal, and don’t expect the medical condition to go away in the same way that the looping music which hangs around for a time will fade away in its natural course of playing itself out.

Sincerely,

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

 

OPM Disability Retirement: The Lost Illusions

In childhood, we retained many illusions; as adulthood came to fruition, such illusions were slowly stripped away, one by one, until reality hardened the sunlight of hope and replaced them with the gloom of daily existence.  Then, sometime later in life, when maturity formed the mold of contentment and latter-day fancies allowed for happiness to reside, we came to compromise with life’s misgivings, allowing that not everyone is bad, not everything is a failure, and not every regret has to be turned into a nightmare attributable to the fault of our parents.

In short, we finally grew up.  But what about those lost illusions?

We define an illusion as that which is wrongly perceived — in other words, it is our “perception” of X that is in error, and not the substance of what X actually is.  Encountering “Being” in the world is a scary matter [sic] in and of itself; for many, the elixir of living in a world of illusions is preferable to the ugly reality of pure Being; just visit any mental institution and one can get a sense of a universe where illusion dominates.

Throughout life, we must always adjust the world as we perceive it, the manner in which we desire to perceive, and the reality of matching perception with pure Being.  It is the game of expectations and the bumping into reality that is the hardest lesson to learn; and for most, the lost illusions of childhood yearning constantly battles to regain our need for a time past, a regret turned, and a desire snuffed.

For Federal employees and U.S. 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, the illusion that one’s Federal or Postal position was secure for a lifetime’s future engagement may be the first thing that needs to be shed.

Further, the illusion that your Agency or Postal unit will be cooperative during the long and complex administrative process — because you “earned it” or that your prior years of dedicated service should count for something — may also be an illusion that needs to be set aside.

Filing for Federal Disability Retirement benefits will likely require the shedding of many illusions, and like those lost illusions once held by the innocent child that was once you, the illusions inherent in preparing, formulating and filing for Federal OPM Disability Retirement benefits under FERS is no different precisely because the encounter with Being is still the tumultuous affair that it always has been.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Attorney Representation for OPM Disability Claims: Shedding

It is nature’s way of getting rid of the old and replacing it with the new.  Sometimes, however, nature is slow in its processes and the environment surrounding doesn’t quite keep pace with the steady progress of unresponsive mechanisms — as in the horse’s winter coat that remains for weeks despite the sudden heat wave that overtakes the region.

There is the shedding brush that is often used for dogs and horses; the circular metal implement hastens the stubborn fur and hairs that remain despite the blazing heat wave that comes suddenly upon us; but perhaps nature is more attuned towards experiences in the vicissitudes of weather, waiting patiently, biding its time with a knowing smile that wintry days of the residue of cold and cool temperatures may yet follow upon a week of unseasonably warm temperatures, and maybe that’s why the unshed fur and follicles that remain are still clinging yet in order to make sure that summer is the real summer to stay, as opposed to those Indian summer days that wax and wane.

We are impatient in our response to the environment.  We want to rush ahead despite all of the warnings and signals that Nature lays before us — and so the stubborn clumps of winter coats cling desperately against the shedding brush that shears too soon.  It is our way of subverting nature regardless of what Nature is trying to tell us.  That is often what a medical condition does as well — of pain signaling our pace of recovery; of anxiety foretelling that it is too soon to return to the environment of stress; of nightmares and insomnia warning by expiating foreboding images within a stress-filled condition of life.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition is preventing you from performing one or more of the essential elements of your Federal or Postal job, it may be time to begin shedding those factors which are contributing to your worsening health.

Perhaps the job was not the originating basis or reason for your medical condition; and, perhaps your Federal or Postal career was once a significant factor in your daily motivation to continue to strive each day.  However, when a medical condition becomes exacerbated by the very elements of the job, or there exists an inconsistency between your cognitive or physical capacity to perform all of the essential elements of the job, then it may be time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.

Shedding is nature’s way of adapting to a changing environment; shedding is also an artificial means of recognizing the necessity for change, and when a medical condition is no longer consistent with the positional elements of a Federal or Postal job, it is time to consider shedding the job itself in order to regain the health that is nature’s priority, as it should be for you.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Attorney: Beliefs beyond boundaries

There are beliefs that are presumed to be true, if not merely conventional.  Superstitious beliefs, so long as they do not interfere with daily activities and being productive, are acceptable; believing in the existence of aliens on other planets, for instance, or even that some have visited this planet, will not make a difference in the conduct of one’s life; on the other hand, if the same person believes that the alien is invisible and shadowing him wherever he goes, it might begin to impede ordinary and acceptable behavior.

There are “flat earth” associations, and one may cling religiously to the belief that the earth is flat and not round or oval, and argue vociferously that when you walk and see the horizon, there is no indication other than that the earth is flat; and such a belief would likely remain harmless and largely irrelevant.

Then, of course, there are beliefs beyond boundaries of acceptable and normative accountability, like embracing a belief in a date certain that the world will end, where such a belief results in preparation for the coming doom, spending all available resources in building and reinforcing a bunker constructed in one’s backyard, quitting one’s job in order to prepare for the inevitability of the end.  Or, of a belief that all women on Thursdays who wear blue are germ-carriers, because when Jason was five years old there was a woman who wore blue on a particular Thursday who stopped, patted him on the head and said, “Nice boy”, and on that very day, by that woman who wore blue, he became deathly ill and ended up in the hospital for two months teetering on death’s doorstep.

Is that an “unreasonable” belief to have?  Can one not make the argument that there is a “rational” basis for such a belief, and it is within the reasonable boundaries of acceptability?  Would you call such a person “crazy”?  And, so long as he goes to work each day, is productive, doesn’t harm anyone – and no woman on Thursday enters his cubicle wearing blue, he never runs out screaming, “Don’t let her touch me!” – no one would be the wiser for holding such a belief.

And of the Federal or Postal employee who refuses to take the necessary steps to file for Federal Disability Retirement benefits because he or she believes that taking “advantage” of such a benefit means that he or she is no longer “worthy” – is that a belief beyond boundaries of rationality?

Yet, that is often what pauses the Federal or Postal employee from preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management – the mistaken belief that is beyond the proper boundaries that there is something inherently “wrong” with the Federal or Postal employee when you file for OPM Disability Retirement benefits, when in fact all you are doing is to finally recognize that health, life and one’s well-being are more important than killing yourself over a job that has always accorded the benefit of a Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The View from the Balcony of One’s Soul

It can only be in metaphorical terms by which we express such sentiments; and some recent essays have contended that true comprehension within the context of any language game requires, by necessity and tautological argument, metaphors.

The concept of one’s “soul” itself may be entirely metaphorical — or a simile of sorts — and placed within the context of the physical terrain of a balcony, the combination of the immaterial with the material presents an image beyond mere fanciful flights of the imagination, but taxes the capacity of the human intellect to corners of comprehension stretched to its outer limits.  For, the balcony is that arena of observatory quietude from which the vantage point of reflection occurs; and the soul represents the essence of a person’s being.  Thus, for the soul (the core of one’s humanity) to view the objective world from a balcony (the vantage point of reflective quietude), is to present a moment of profound insight.  It is, indeed, for those rare moments which make life worthwhile.

For Federal employees and U.S. Postal workers 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 positional duties within the Federal government or the U.S. Postal Service, it is this loss of “balcony-perspective” which often compels one to act.  Or, conversely, there is sometimes a moment of such vantage-point realization, seen through the onerous veil of pain, stress, cognitive cloudiness or downtrodden days of breakdowns and distress depleted through progressive deterioration of mind, body, emotion and flat effect; in a moment of cohesive clarity, one can come to the recognition that life cannot be defined by work, and the worth of one’s humanity should not be determined by how much one can withstand the humiliation incurred by supervisors, managers, coworkers and hostile environments which refuse to let up or cease in their incessant poundings.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often only the first step towards recovery from a process which began years ago.  Some time ago — and time becomes a maze of forgotten refrains when one must contend on a daily basis with a medical condition which impacts one’s capacity to engage in gainful employment — there were moments when the view from one’s balcony provided that momentary quietude of reflection; and then the erasures of life began to rub away the humanity of one’s essence, to a point where one’s soul began to hurt, to suffer, and to sob in silent shudders of dry heaving for that loss of self.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the ultimate solution for every Federal and Postal employee, but it is often a start.  That start will, at a minimum, allow one to again view the world around us from the balcony of one’s soul, which is the true vantage point for all of us who still retain a semblance of humanity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: Agency Adverse Actions

Calamities coalesce in concurrent coordinated couplings; often enough in life, when one action is engaged, another follows in reactive reflection.

For the Federal employee or U.S. Postal worker who has a medical condition, such that the medical condition impacts one or more of the essential elements of one’s job, the necessity to, or mere hint of the need to, file 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, often invokes a concurrent action on the part of the agency.

Whether such actions are mere coincidences (unlikely); retaliatory (a good chance); or deliberatively intentional (often enough) is anyone’s guess.  Trying to figure out the underlying motivation of agencies is merely a waste of one’s valuable time; what to do with the agency’s adverse actions, is the more productive approach to embrace.

The argument that finds some precedence for OPM in arguing against a Federal Disability Retirement case, is that somehow the Federal Disability Retirement application was merely a pretense to avoid termination, and thus is somehow invalidated.  But, in fact, the reverse can be argued as well:  Because of the medical condition, the agency’s adverse actions reflect the poor performance, the excessive taking of SL, LWOP, etc., and irrefutably confirms the validity of the Federal Disability Retirement filing.

What the agency’s adverse action states; how it is characterized; what surrounding correspondence exists; and the extent of one’s medical documentation around the time of the agency’s actions, and prior to, are all important components in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: The Novel Approach

The genre represents the highest form of literature.  Poetry possesses its eccentric beauty; the short story its ease of brevity for the reader to pick up and finish in convenience of time, and thus its popularity; the biography and the epistemologically privileged cousin, the autobiography, its authentic historicity; and others by design of self-promotion, as Truman Capote’s “non-fiction novel” (an oxymoron?).

But the novel is the king of prose; of a narrative form which allows for many rooms in an endless castle of hidden trap doors and secret galleys full of antiquities and doorways yet to be revealed.  Perhaps that is why, used as an adjective, it defines a uniqueness of approach, akin to the traditional use of the word as a noun representing the highest form of art.

For Federal employees and U.S. Postal workers 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 positional duties with the Federal government or the U.S. Postal Service, engaging in a “novel” idea may be the best and only option left.

Where the medical condition no longer allows for the continuation of one’s career, and yet the Federal or Postal employee believes that he or she can still remain productive in the employment arena, it is indeed a novel approach for a benefit to pay for one’s inability to perform one or more of the essential elements of one’s job, and yet allow concurrently for the Federal or Postal employee to enter into the private sector, obtain a second vocation, and make up to 80% of what one’s former position currently pays.

For the Federal or Postal employee who is considering 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, it is precisely that allowance of continuation of productivity which fairly recognizes that there is not necessary incompatibility between a medical condition and contribution of talents.

Like the novel genre and the novel idea, they both acknowledge the penultimate value of human creativity, and allow for the characters to develop in the unfolding saga of a story yet untold.

Sincerely,

Robert R. McGill, Esquire