Tag Archives: post office/opm medical retirement

FERS Disability Retirement: Glimpses of Slices

That is about all we get from other people’s lives.  Yes, we make grand judgments and determinations based upon the scintilla of evidence we have.  It is even worse, in modernity; for, in past ages, people actually got to see one another, spending perhaps an evening over a meal, a get-together, an afternoon picnic, etc.

Now, we look at a flat screen, whether on the Smart Phone or a computer monitor, and cast judgments and aspersions based upon quick texts and posts prepared with minimal thought or consideration.  Superficiality is the modern equivalent of shallow minds in past eras.

Glimpses of slices are what we base our relationships upon, these days, because we have no time to spend in trying to understand or empathize.  Life is too busy; and while past ages and epochs also had little time beyond survival, at least much of it involved human interactions.

It is no different at the various Federal agencies, who know not the trials of their own employees and never take the time to try and understand what an employee is going through when a medical condition begins to impact his or her ability and capacity to continue in their career of choice.

That is why this lawyer’s standard advice is, to the following question: Should I tell my agency now, of my intent to file for Federal Disability Retirement?  The answer: Let’s hold off for as long as possible, because once they find out you are no longer going to be part of “the team”, all of a sudden, you will become a pariah.

Yes, glimpses of slices — that is what people now take with them to the graves which adorn the lifeless souls of people without empathy.  Contact a lawyer who specializes in OPM Disability Retirement Law, and let not the glimpses of slices defeat the worthwhile endeavors of tomorrow’s hope.

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.

 

OPM Disability Retirement Benefits: The Trick Question

There are many.  In the media, it is often described as the “Gotcha” question — where the reporter springs upon the unwary target a query which cannot be answered without placing one in a negative light.

Or the lawyer’s cross-examination barrage beginning with, “So, Mr. so-and-so, Yes or No — did you ever stop beating your wife?” (Such a question, of course, is rather laughable and should be immediately objected to; but the “fun” of the question is that the answer becomes a quandary: If you answer, “Yes”, it means that you are admitting to beating your wife but that you merely stopped at some point; if you answer, “No”, it means that you continue to beat your wife.  Either way, you have shot yourself in the proverbial foot).  And there are many others — of “trick” questions to get you into the proverbial hot water.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents you from performing one or more of the essential elements of your Federal or Postal job, the Standard Forms contain many and multiple trick questions.  They may not be intended to actually trick you, but the manner, form and content of your answer may become problematic in the way in which they are answered.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law and make sure that the “trick” question doesn’t do what it is meant to do: To trick you into answering it in a way which you don’t intend to, or otherwise shouldn’t need to.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Disability Retirement: The Conveyor Belt

Some marriages are like that; life, in general, often feels of a like manner; and ultimately the question becomes: How does one get off of it?

The conveyor belt takes an item, a medium or some product along the way on rotating wheels that endlessly spin.  Once on, the entity presumably reaches a destination point, at least in factories or stores that maintain and run them.  But the metaphor of a conveyor belt evokes an image of an infinite quality: once on, unless you are the operator of the system, there is no turning it off.  Some people become involved in relationships that feel like a conveyor belt; others, into divorces where neither party is excited about it, but nevertheless go along with it because there are irreconcilable differences that cannot be resolved.

Medical conditions, too, fit the metaphor of the conveyor belt — for, once a condition appears, it is most certainly merely a symptom of something greater, and the vast conveyor belt of the medical complex — of medication regimens, surgical intervention, therapeutic involvement, etc., all serve to place you upon the conveyor belt of no return.

For Federal employees and U.S. Postal workers who feel like their lives are on a conveyor belt upon which there appears to be no return because of a medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of his or her Federal or Postal job duties, it may be time to consider getting off from the “conveyor belt” and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law and consider stopping the conveyor belt that seems to be taking you down a path that is no longer a destination of your choosing.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement under FERS: Adopting an Adaptive Plan

Most of us barely have one; and when we do, we quickly forget about it and move on, satisfied that —by the mere declaration of having one — we need not implement it or follow it rigorously beyond the mere possession of it.

The old Soviet Union (do we remember what the abbreviation, “U.S.S.R.” stood for?) had 5 and 10 year plans, and when the stated goals were not met, they simply cooked the books and declared that they were well ahead of the declared plans, and so the satellite nations under the rubric of the “Union of Soviet Socialist Republics” nodded its approval and genuflected to the Soviet Central Planning Committee (for, you couldn’t have a plan unless there were multiple committees to make those plans) and were grateful for the plans even though their populace were starving, despite the declared success of all of that planning.

Battlefield officers rely upon them; although, in recent years, because war is no longer fought by armies planning an attack upon other armies, the need for adopting an adaptive plan has become a survival necessity.  Life itself rarely follows a plan; most of the time, one’s day is consumed by just trying to survive.

When a medical condition hits us, of course, then all of the planning in the world — from a retrospective and myopic viewpoint — didn’t amount to much.  What is the plan, then, for a Federal or Postal employee who can no longer perform his or her job because of the medical conditions that prevent one from doing so?

The Federal Disability Retirement “plan” is to allow for a Federal or Postal employee to file for OPM Medical Retirement benefits under FERS, so that the Federal employee can medically retire, focus upon one’s health and still, hopefully, enter the workforce in the near or mid-future and continue to contribute, all the while receiving a disability retirement annuity.  Now, that sounds like adopting an adaptive plan where interruption of a life plan allows for some grace beyond lack of planning.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Overload

The comparative life is an illusion of sorts; Plato’s theme throughout is established every day, as appearances hide the reality beneath, and the allegory of the Cave – where shadows constitute the seeming truth and the truth appears as hidden seeming – is merely an archaic anachronism that has been vanquished, if merely because no one gives much weight to dead philosophers and nobody has the time for reflection upon questions that cannot provide answers instantaneously, as Google and High Speed Internet have allowed us to become accustomed.

Looking about on any street corner, or walking among the populace at large, one would believe that everyone around is able to handle the daily stresses of modernity, and that overload – whether of information, activities, responsibilities, financial, ethical, family, commitments, work issues, health concerns, etc. – are all performed, accomplished, completed and fulfilled with but a yawn.  Somehow, we all know it not to be the case.

Statistically, a great number of us suffer from anxiety, depression, intolerance to any level of stresses, with physical manifestations and somatic consequences impacting; and how many among the seemingly “normal” crowd require daily intakes of pharmacological assistance by ingestion with serious side effects to boot, but like the three towers which – when viewed from a certain perspective of alignment, appears as a singular entity – presents one sense-impression and then another when movement of the perceiver alters the vantage point, we persist upon a given viewpoint despite knowledge to the contrary.

Sensory overload is a daily problem, a persistent concern and a philosophical conundrum, precisely because we have given up the opportunity for reflection, repose and reconciliation with life’s major questions.  No, philosophy was never meant for the masses – the Socratic dialectic made that clear; but the questions posed were meant to always and perennially be asked, such that each generation would attempt to make heads or tails of life’s serious concerns.

Instead, we have been told that there are no such questions to be answered; that mythology died at about the same time Socrates took his mandated hemlock, and all information is good, available and open to the public through Google, and we can all be happy with the lot of life given to us.  Yet, the overload we experience on a daily basis, somehow doesn’t quite fit that paradigm.

For Federal employees and U.S. Postal workers who feel the burden of overload – of having to “deal” with workplace harassment; of contending with the debilitating medical conditions; of deteriorating health and the impact upon one’s ability and capacity to continue in the chosen job in the Federal or Postal sector – it may be time to consider 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, if the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, you may be eligible for Federal Disability Retirement benefits.

It is a long and arduous bureaucratic process that can take many stages in order to obtain, but the alternative may be of that appearance which defies the evidence of reality – like the Platonic Forms that represent the hidden truth behind the appearance of things presented – for, to remain without doing anything is to either continue to deteriorate in progressive debilitation of health, or to try and withstand the overload of life’s misgivings in a job which you can no longer do, or barely do, until the day comes when increasing pressure from the Federal agency or the Postal Service ends in a termination letter; and, that, too would be an overload beyond the ability to handle.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: Erasing imprints

We spend half of our lives trying to accomplish that which may never be done; go to others to obtain guidance; take medications in order to stamp out the cacophony of voices from a past regenerated in mindful moments when reflection is not what we want but quietude away from the cackle of memories.

Imprints are those stamps that remain with us, like burn-marks seared indelibly into the far corners of body parts unreachable and unseen but by the telescopic lenses of our own souls.  Perhaps the memories have faded, or we simply cannot pinpoint that precise moment when the stamp was made, the mark of the devil was inked or the scorching stab wound rutted; but it remains upon the child, grows with the malignancy of the young one, and becomes magnified into adulthood like the burdensome satchel filled with rocks, each day adding another, never able to open it to lighten the load, except here and there when one accidentally falls through an unnoticed tear before it is quickly sewn up again to reinforce the nightmares of our lives.

Try as we might, through pharmacological modalities of treatment regimens or embroiled by years of therapeutic encounters, the monsters within from our childhood past of flashes when the mother turned her back upon a child in crisis, or of anger devolved when fury left the frustrated child in a chasm of loneliness unattended; it is the trembling of innocence that remains forever, and a day.

Erasing imprints is what we try to do the rest of our lives, when all that can really be done is to contain, bifurcate, box in and restrain.  Of course, there are “good” imprints, as well – those marks which developed the personality and characteristic traits considered “positive” to our lives; the trick is to recognize the difference between the negative and the positive, and that is not always easy to do.  Further, what if we erase the “good” imprints in the process of stamping out the “bad”?

Being human carries with it the compendium of complexities all wrapped into a conundrum of puzzling packages of personality quirks, and sometimes it is those imprints we attempt to erase which characterizes the very uniqueness of our being.  Then, as we grow older, the callouses form and the attempts to replace imprints become less effective; for, presumably we have learned to resist the influence of others, or at least found ways to limit them.

For Federal employees and U.S. Postal workers who are 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, remember that the road to obtaining a Federal Disability Retirement benefits is a long and arduous one, and it is likely that you will have to encounter many obstacles, many “mean” people who themselves have likely been harmed by a lifetime of imprints.

Focus upon erasing imprints that harm, and disregard the imprints exhibited by others; for, it is a lifetime endeavor identifying the negative ones in yourself, without worrying about needing to erase imprints manifested by others.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Benefits: Immunity

It is both a state of protective legal cover, as well as possessing enough strength of resistance to counter the invective of marauding viruses invading beyond the walls of health-moats keeping out unwanted Trojan horse violators.

In the former meaning, it is often granted through agreeing to deliver the goods on others, and breaching the code of silence in stabbing unsuspecting co-conspirators in the proverbial backsides, but assuring survival of the weakest link in the chain of criminal conduct.  In the latter sense, one is told to “build up” one’s immunity, or to become inoculated in order to obtain it; and in a wider and more pervasive annotation of the word, it generally possesses the connotation of self-protection, egocentrism and self-centered focus against the world at large.

Further, when we talk about the “Teflon” effect, it is akin to having an immunity against criticism, of possessing that self-effacing sheen that never spoils, and a reputation that while others may walk about this world with soiled garments depicting poor circumstances and unfortunate trials of reduced means, that special person who has the “Midas touch” is the one immune from the everyday travesties that desecrate the rest of us.

Immunity is that which we seek – for ourselves, to protect against others, and always as a wall of separation in the event that the Mediaeval horrors of the Black Plague come back to haunt and destroy, so long as it fails to touch the inner sanctum of those who are blessed with the inoculation of life’s fortunes never to be interrupted.

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 idea of immunity quickly becomes a fiction that only others can abide by.  At one’s weakest point of vulnerability – when the medical condition depletes, progressively destroys and become a chronic condition of perpetual misery – does the Federal agency and the Postal facility suddenly take away all semblance of immunity.

It is withdrawn; it is voided; it is disallowed until further notice.

Immunity is no longer part of the “deal” and, instead, full prosecutorial discretion is suddenly imposed.  No accommodations; punitive actions are suddenly initiated; and it is as if the grand Plague of former times has advanced with greater force and energized vitriol than ever, and the Federal or Postal employee is left with no choice but 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.

Thus is immunity often granted when one least has need of it – unless, of course, you are caught in the very act of involvement as a co-conspirator, in which case it is cloaked in a request to sharpen the knives to harm others.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement for Federal Employees: The compromised life

We all make them, though we deny it.  Iconoclasts scorn it; the extremes of either side scoff at it; and, in the end, it reflects the reality of who we are, how we live, and by what vaunted principles we purportedly possess.

On a theoretical level, it is easy to remain the stalwart – that singular entity standing on principle and commitment.  The one who has never experienced war – to express beliefs of “courage”, “unwavering loyalty” and blind bravery declared in wrappings of the flag and national identity.  Or of fidelity and traditional values despite personal shortcomings of multiple marital infidelities and 3 or 4 marriages, with the devastation of a trail of longing children with a hole in each heart, wishing that principles could be exchanged for a single memory of playing catch on a summer’s day.

If you are sequestered whether by wealth or capacity to ignore, it is easy to shout out principles; but, then, when the test of life intrudes, the failings of reality reconstitute an extraordinary hypothetical into a quivering crumbling of an ordinary person.

Ordinariness is certainly rarely looked upon as the paradigm to follow, and the argument often goes:  You never want to dumb down deviancy (Moynihan’s famous phrase extrapolated from a generation or two ago, lost forever by events of social and cultural turmoil hence), and so, even if no one actually lives like the pinnacle of beautiful thoughts and voices stated by writers, essayists and politicians (who themselves bifurcate “personal conduct” from the espoused rhetoric emitted from hollow mouths with a dead-panned look of seriousness), the common masses are admonished by rebukes of being responsible for the “cultural rot” that dissipates throughout.

Reality has a way of compromising the apex of beautiful words, paragraphs, pages and entire narratives of a singular life.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may be preventing the Federal or Postal worker from being able to perform all of the essential elements of the position occupied, the concept of a compromised life is now a reality.  For, the sequential perspective of what is expected – of continuing until retirement age a career fulfilled, with regular promotions and deserved merit pay – may need to be ‘adjusted’ in accordance with the reality of life’s impositions.

Having a compromised life and accepting the compromises of life’s misgivings is not a sin, nor a diminution of one’s principled belief-system; instead, in preparing, formulating and filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, it is merely a recognition that theoretical foundations were always meant to be modified, and those speechifying vanguards of social commentators never meant the fulfillment of their own words, anyway, and it was always the compromised life that reflected the reality of the boorish insistence that we were angels and gods unknown.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Substantive vacuity

Another oxymoron, of sorts.  There are many of them in life, and the longer we live, the greater recognition we purport to identify.  People often say things and don’t mean it; or, such declarative niceties are meaninglessly bandied about because there is never any intention of follow-up or fulfilling of statements made.  We all know of people like that – commitments made with words, but no actions to follow; promises allegedly posited, with failed remembrances later on; or, misunderstandings on your part, and never theirs.

When did words become so meaningless?  Was it when the national debt soared beyond the proportional number of lawyers graduated from unknown law schools and the pendulum began to swing towards that abyss of linguistic elasticity upon the President’s quibbling with the meaning of a verb in a scandal and cover-up leading to impeachment?

Or, did the pinnacle of time when substance was king become a bottomless pit of mindless vacuity when Smartphones were introduced into the fray of conversation-stoppers, where once we had to rack our neurological cells to remember whether it was Hank Aaron or Barry Bonds who beat out Babe Ruth’s home run lead, and in what year, and whether being on steroids made it count or not – now, replaced by Google or some app that only two generations hence can figure out how to download and use?

Once upon a time, substance meant the essence of a person – whether by moral fortitude, steadfastness in faith or belief, or by quiet feats accomplished but never spoken about in polite company; and vacuity was relegated to braggarts and unfaithful husbands, when emptiness of societal discourse combined to free a man to declare that the Beatles were greater than Beethoven, and somehow it was imaginable that the words of Dylan could win a Nobel Prize, despite such accolades being the frenzied rebuttal of a generation who could fathom a purist’s discontent.

Uneducated boors possessed substantive vacuity; and so does the Federal Agency and the U.S. Postal Service that fails to try and accommodate the Federal or Postal worker who suffers from a medical condition, such that the medical condition results in the necessity to file for Federal Disability Retirement benefits.

This is, indeed, a strange, strange world, and when a Federal employee or U.S. Postal worker comes to a point of needing to prepare, formulate and file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the concept of substantive vacuity comes to the fore because, after all, we are dealing with a bureaucratic nightmare in the form of the U.S. Office of Personnel Management – a behemoth among juggernauts, wrapped in the conundrum of a puzzled but substantive vacuity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal Employees: Recognizing Problems

Why are some better at preemptively addressing recognizable foreshadowing?  Is it a genetic predisposition related to the capacity of surviving?  Like the instinctive responses of animals, is it an inherent trait that favors those who are more “fit” with such a characteristic, and thus to the disadvantage of those who do not possess it, where recognition and preemptive engagement allows for survival and thus the genetic pool favoring by dominance of avoiding the mortality trap?  Have we replaced such instinctive abilities by relegating most problems to linguistic identification and capacity to solve?

For, in the human world where language prevails and electronic communication is now the preeminent engagement of consciousness, the “problems” to recognize are no longer the danger of an approaching predator nor the oncoming storm out in the middle of the ocean (although, a burning house or a hurricane imminent if you live on the coast are still real dangers), but for the most part, language games that need modification, curtailment or adjustment in order to correct the inconvenience of social constructs that have gone amok or astray.

Yes, the furnace may break down, the water heater may have sprung a leak, or the roof shingles may need replacing; but even those, the resolution is rarely one that is initiated by us; rather, it is to utilize the mode of communication and either by phone, email or text messaging, we make an appointment for someone else to fix the problem.  Recognition of the concern was still contained within the world of language, and the physical work attended to is relegated and delegated to some strange entity in another universe.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal employee or U.S. Postal Worker to take the next step by preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset – the process begins with a “real” problem:  the medical condition itself, which will not go away no matter the treatment modalities or the constant attempt to work one’s way through the chronic and progressively deteriorating situation.

Then, from the reality of the problem itself, the jump to recognizing the further concern must inevitably manifest itself – that of the incompatibility and incommensurate nature of the medical condition and being able to do all of the essential elements of one’s positional duties.

Thus, recognizing the problem is the first step in resolving the issues; however, resolution may sometimes need some expertise and advice beyond what the Federal or Postal employee can foresee in the foreshadowing of approaching dark clouds.  For, not all problems are equal, and certainly not all solutions, and while recognizing problems may resolve some of the concerns, the greater issue is whether the Federal or Postal employee will have all of the information available “out there” in the netherworld of an administrative and bureaucratic morass as that of the U.S. Office of Personnel Management, such that the problems one cannot recognize may be the one that defeats the solution never known.

Sincerely,

Robert R. McGill, Esquire