Tag Archives: pre existing conditions may disqualify you from workmans comp but not from opm medical retirement

OPM Medical Disability under FERS: Memory

There have been many recent works of fiction involving the issue of memory — The Memory Police, by Yoko Ogawa; The Buried Giant (Kazuo Ishiguro); Tell Me an Ending (Jo Harkin); just to name three right off the bat.  Why has it become a recurring theme?

Is Google the culprit — that memory is no longer a skill cultivated; where conversations are suddenly terminated because someone has whipped out their Smartphone and looked up the name of the movie, the meaning of a word, or the line from a book of poetry?  Is rote learning even needed?  Does anyone memorize a poem, a line from a novel, or even a stanza from a rhyme?  Has an angst developed, an anxiety left unexpressed, an educational concern subtly evolved?

If we can Google anything, is there ever a need to memorize?  If we fail to cultivate the tools of memory, will we make more of the same mistakes than ever before?  Wasn’t it some philosopher who said that history will forever repeat itself because short memories spawn the ignorance needed to forget the horrors of war?  Didn’t WWII follow upon a generation who had forgotten that the “War to end all wars” — WWI — was fought to achieve an eternal period of peace?

And Vietnam was forgotten, followed soon thereafter with Afghanistan — and how the media attempted to capture a scene depicting some helicopter evacuating masses of civilians from the top of a building — that imagery of a former time, a forgotten memory, a repetition of history.  But did anyone remember?  Was there any resurfacing of memories?

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, “memory” is precisely what the U.S Office of Personnel Management wants you to forget:  That there is case-law which applies; that the law and statutory authorities require application and compliance; that eligibility for Federal Disability Retirement benefits must follow the regulations overseeing OPM’s decisions, etc.

The U.S Office of Personnel Management often needs some “reminders” of what constitutes legally-sufficient evidence for an approval; and while OPM’s memory may often fade, it is the job of a competent attorney to “remind” them, to shake their forgetfulness and to emphasize that past case-laws still apply in the current state of society’s amnesia, and thus, you should contact a competent and effective attorney to make sure that OPM “remembers” what the law is.

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 & Postal Worker Disability Retirement: The Chore of Life

We all have our chores to do — some more pleasant than others; of emptying the dishwasher; taking out the garbage; cleaning up the yard after a hard winter’s debasement; attending to the pets; even taking a shower — although, it is puzzling as to why we do not consider the latter to be a “chore” and instead deem it as a daily activity of living.

Watching a toddler, we realize that they, too, engage in chores; the only difference is that everything that they do is involved in the most important chore — the chore of life.  For, the initial engagement with the world — of objects, furniture, toys, pets, other people — involves the primary learning process of how to maneuver through the obstacles of this experience called “life”.

We, as adults, forget that important lesson, because we have encountered it repetitively so many times that everything becomes boring, unimaginative, a burden — in short, a “chore”.  Life in general, after a time, becomes a burden and thus a chore, and then cynicism begins to seep in.  But the chore of life to a child is the fresh encounter of everything in the world precisely because of its freshness and newness.

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 continuing in one’s chosen field of a career, consider filing for Federal Disability Retirement benefits under FERS as another chore of life which must be accomplished — if only to be able to see that there is still life after federal employment.

Contact a disability attorney who specializes in Federal Disability Retirement Law, and begin the process of tackling the chore of life — of getting beyond the old and embracing the new.

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 Application: The Other Side of Utopia

The plethora of dystopian fiction must be an indicator of society’s anxieties.  It used to be that Orwell’s 1984 was the singular defining work, followed by Bradbury’s Fahrenheit 451.  More recently, Ishiguro’s Never Let Me Go, and its sequel, Klara and the Sun; and Ogawa’s The Memory Police.  These round out the quality of dystopian novels — not relegated to pulp fiction, but of a serious genre.

Why we relate to such themes; whether this global pandemic will produce a wider variety of such works; and to what extent the negative worldview created by problems worldwide seemingly unsolvable and constantly inundating us with tragic stories about poverty, destruction, death and injustices — only time will tell.

Personal struggles and tragedies should not be overlooked and dismissed merely because greater worldwide catastrophes exist.  It is never helpful to minimize one’s personal problems by saying, “Oh, it is nothing in comparison to what happened at X”.

For Federal employees and U.S Postal employees 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, the other side of Utopia is not merely to endure the growing realization that you can no longer do your job; rather, the other side of Utopia is to file for Federal Disability Retirement benefits under FERS.

Contact a retirement attorney who specializes in OPM Employee Disability Retirement Law and begin the process of precluding the dystopian worldview that a medical condition can surely impose.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement: The Fear of Tomorrow

There is, of course, the other statement — of replacing the preposition “of” with “for” — which alters the essence of meaning at its core, and not just in some ancillary manner.  The fear of tomorrow pits our relationship of a being in the present to an uncertainty of a time beyond; whereas, the fear “for” tomorrow magnifies the present in the context of recognized circumstances and current issues that must be analyzed as against a future possibility.

Perhaps the distinction in the prepositional modifier is too subtle to make a difference.  Yet, the first sense of the statement — the fear of tomorrow — places one with an angst as an object-to-object antagonism, much like a person’s fear of spiders or creepy-crawlies, where there is no cure for such a response.  The other form — of a fear for tomorrow — allows for rational discourse and a “talking about” not only tomorrow, but of the fear itself, their underlying reasons and the potential solutions to objectives not yet met.

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, the fear of tomorrow must by necessity be replaced with a fear for tomorrow, and that is when the next step can be taken: Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management.

Do not let the fear of tomorrow stop you from asserting your employment rights and eligibility for a benefit that is offered; instead, determine the underlying basis of the fear for tomorrow and begin to take the necessary steps to assert your legal rights by consulting with an Attorney who specializes in FERS Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Applying for FERS Disability Retirement: Thinking Alone

It is, for the most part, a solitary act.  Yes, yes — there are “asides” and soliloquies that allow for intermingling of thought and statements propounded; but it is the insularity of the act, the privacy of the moment and the continuum of confined deliberation that makes for thinking to be an “alone” activity.

Thus is it a tautology to place the two words side by side: “Thinking” and “Alone”; for, to think is almost always to do it alone, and when one is alone, there is often nothing else to do but to engage in the act of thinking (although, one might quip, looking at most people with their vacant stares, one might substantively dispute such an assumption).

There are, of course, attempts at changing human nature:  Of group therapy; of collectivization of “brain-storming”; and of communal gatherings in order to think out-loud the cooperative interests of intermingling thought-processes; but nevertheless, by and large, thinking alone is an activity of solitary insularity, like Shakespeare’s characters reflecting upon one’s fate and future.

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, thinking alone may not be the best course of action. Consult with a Federal Disability Retirement Attorney in coming to a decision concerning one’s best course of action.

For, while the activity of “thinking” may be one that is normally performed “alone”, it is always important to remember that the process of gathering the relevant information in order to do that very activity of “thinking” should never be “alone”, but should include sound advice and counsel from an experienced attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Disability Retirement: The never-ending series

Once upon a time, the three seasons of the sporting world seemed fairly defined into three neatly-trifurcated periods; of Summer to Fall for Baseball; Fall to Winter for football; Winter to Spring for basketball; and so the seasons followed the general consensus of a happy delineation for the enthusiast, the couch-potato and the sounds of rhythmic lull, where the major sports aligned in sequence upon the seasons of change like nature’s bugle that toots the horn with nary a break between.

Then, greed set in.  Advertising dollars could be extended just a few more days, perhaps even weeks, and maybe even into further months.  An extra “wild card” to be added; an “inter-league” period in the middle of the season; let’s also change it from the “best of five” to the “best of seven” — or, maybe for the future, the best of nine?  What difference did it make that seasons overlapped — with widescreen television sets and simultaneous multiple-screens streaming, one could watch regular-season games and season-ending series combined without missing a heartbeat or a blink that forgot the fumble of the century; we can “have it all”.

Then came the problem of “soccer” — that hated foreign-born immigrant that kept insisting upon pushing into the American conscience, mostly through the public schools that boldly continued to inculcate our kids with an incomprehensible game that wouldn’t let a person do that which instinctively we are all born to do — of touching the ball with one’s hands.  What kind of a sport doesn’t allow you to hold the ball and run with it?

Basketball requires ball handling, with letting go of it to move forward, except by milliseconds of palm-to-ball dribbling; football requires large hands that, until one grows older, results in that wobbly spiral that is laughed at and scorned; and baseball follows the snugness of the glove, the perfect pitch by the positioning of fingers upon the stitching that propels the beanball into a fastball or the sudden drop just as the batter swings to miss, and the thrill of the umpire shouting, “strike!”  To not even be able to touch the ball?  What kind of a sport is that?  And where does it fit in to the never-ending series?

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal position, the never-ending series may include three “major league” games — the Initial Stage of the application for Federal Disability Retirement; the second, Reconsideration Stage of the process, if denied at the first level; and the third stage — an appeal to the U.S. Merit Systems Protection Board.

There is, if necessary, a “Fourth Stage” — a Petition for Full Review before the MSPB; but like soccer and the never-ending series of the first three sports, the key is to make sure that proper preparation is completed for each of the stages of the process, before anticipating the outcome of any of the others; and like soccer and a Petition for Full Review, the best bet is to prepare well for any and all of the 3 stages of the process.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Keeping

Keeps; keeping; kept; the endurance of retention reflects the vitality of human obstinacy.  To retain, to own, to possess; in the present tense, present simple passive, present perfect passive, past perfect passive, present modal, past modal, and a dozen other forms of grammatical conundrums.  It is the action of owning, maintaining or  possessing; often, with implications of forceful protectiveness despite demands of rightful ownership by third parties.  “He kept it!”  “He keeps coming back!”  It is the persistence, the refusal to abandon and the resistance against another’s claim, whether rightful, justified or otherwise questionable.

Then, there are forms which imply honor and integrity:  “Keeping the trust”; “Keeping the flame aglow”; “She kept her word”.  The boys “kept their promise”; He kept up appearances.  In all grammatical forms, whether of a passive nature or active tense, there is always throughout a sense of an activity of the will.  “Keeping up with the Joneses” is not merely a passive inactivity, but an affirmative movement and stratagem focused upon advancing beyond a social inertia that encompasses tentacles of thought, consideration, judgment and planning.

It is a simple word, used without much thought, never pausing in a conversation to see whether others gathered will be impressed by the perfection of such a choice – that unique word which describes an image so poignant that to have inserted it nonchalantly in a sentence without the help of a Smartphone in Googling it before uttering the inserted grandness connoting linguistic excellence is next to leaving one breathless and in disbelief.

For Federal employees and U.S. Postal workers who understand the simple concept of “to keep”, whether in the present tense, present simple passive, past perfect passive or the multitudinous other grammatical forms, there are caveats to maintain when preparing, formulating and filing for Federal Disability Retirement benefits, not the least of which are:  Keep your cool; have your files kept and maintained; keep persisting; recognize the importance of keeping a balanced and coherent narrative; keep the faith; insist upon keeping informed; and never keep allowing for injustice to prevail.

In keeping with tradition, always remember that preparing an effective OPM Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a complex administrative process which must be kept in mind, and that the formulation and filing with the U.S. Office of Personnel Management requires keeping a patient, sane and insistent attitude, much like keeping a promise made despite those who have not kept their word.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Employees: Those rare, insightful moments

Must it always reach the level of an epiphany, or may it be as a passing point of fluctuating comprehension?

Every now and then, it is like the proverbial entrance into a clearing amidst the darkness of a looming forest; of a light that shines into a chasm heretofore undiscovered; and in that flash of understanding, it is important to grasp it, to tackle the concept, to concretize and declare, lest it slip silently away like the silken tail of a snake slithering into the tall grass.  Or of a dream in the midst of a fitful sleep that reveals what the subconscious desires to tell but just so in a gentle twist, lest the naked truth in the full light of day may be too blunt for the sensibilities of an unvarnished purity wanting but for the fiction of a nightmare too horrifying to encounter in real life.

Is the fool in Shakespeare any less witless than the King who divides his empire among vampires who drain the life of a vibrant ego?  Do the words of the court jester that cuts like a knife through the clouded judgment lost in the garments of wealth and power, transcend the loss of comprehension by those who would see the Emperor’s clothes despite the insight of a child who sees the nakedness of truth?  Do we attribute to animals the identical accolades despite their lack of coherent utterances, when they emit sounds of alarm, engage reflexes of caution and take flight ahead of perceivable approaches to dangers hidden beyond?

Most of life is repetitive boredom, sprinkled with the dust of angels golden and shining as they fly above us in the invisible universe of heavenly orbs, and we rarely notice them but for the slight touch of their comforting robes as the wings disturb the calm air or a mischievous poke on that parting of hairs or the baldness unseen but from a singular perspective from atop; and it is in those rare, insightful moments that life becomes worth living because we clearly, unequivocally and with unmitigated resolve understand, comprehend and care.

Then, the world and its artificial constructs rush right back in to fill the void of monotony, and we carry on with the projects of life that detract and distract, forgetting again the beauty of that which we saw for a brief slice of time.  Thus, the numerous stories of those who briefly crossed the demarcation into the netherworld of death and beyond, but were brought back to “life” by medical specialists who wanted to do “good”, when even that perspective is, at best, questionable.

For Federal employees and U.S. Postal workers who are contemplating 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 often the medical condition itself that compels one to have a moment of epiphany.  Perhaps that rare, insightful moment comes about when the pain becomes unbearable, or when the cognitive faculties become askew and mental clarity sees beyond into the netherworld of the future and its gloomy horizon.

Whatever the circumstances that monotony of chronic medical conditions forces, the realization that the Federal or Postal employee must by necessity prepare, formulate and file for Federal Disability Retirement benefits is one which cannot be avoided, any more than the angel who playfully shaves one side of our face in the twilight of dawn and leaves us wondering about those rare, insightful moments of life’s mysteries.

Sincerely,

Robert R. McGill, Esquire

OPM Medical Separation & Retirement: Of self-expression in society

There exists a proportionate correlation if charted on a graph, between the rise of a need for greater self-expression and the alienation from the individual from a sense of belonging and community.  The human animal has an inner need for acceptance and comity within the context of societal cohesion, and this is no different from other species and their behavioral patterns, excepting the “lone wolf” characteristics where mating or predatory consummation represents the only points of contact.

The lines of the hypothetical graph would intersect somewhere at the level where the individual believes that personal identity has been lost and subsumed from a community detached and uncaring; notice, identity and self-worth are bundled together in an almost inextricable complexity within the human psyche, and that proverbial and pervasive “inner cry for help” becomes exponentially magnified when that alienation intensifies.

Focus upon a collective “self” by a society encumbered with economic woes, infringement upon base survival instincts, and a growing sense that reliance upon one another is no longer believable, leads to the downward spiral of the line which represents societal comity, where the trajectory suddenly drops precipitously in a straight, vertical manner.

Yet, the other line — the one which represents self-expression and a silenced cry for urgency of warmth and responsiveness, continues upward in a more gradual trend, with short and sudden spikes here and there, but still reflective of a desire to pull back, to harken with a perspective of the rear-view mirror, wanting and willing always to open one’s arms and embrace the roots of that tribal nature from whence we all originated.

But we are becoming more and more calloused; the time wasted, the ascending alienation as first reported by Camus and the French existentialists after the ashes of the Phoenix failed to rise from the funeral pyre of the war-torn devastation of Europe and the consequential bifurcation of nations within the greater context of a potential addendum holocaust involving nuclear weapons, and the subsequent inertia developed through wealth and artificial products which were marketed by means of media and mass distribution — from it all, discontent arose, the notion of life’s absurdity followed, and the greater need for self-expression formed.

Look at Facebook and the explosion of psychosis.  Look at the obsession with smart phones and the need to “update” one’s “profile”.  But always remember that self-expression must be contained, and appropriately conveyed.

For Federal employees and U.S. Postal workers who must, by necessity, 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, the vehicle of formulation in preparing an effective Federal Disability Retirement application, to be submitted to OPM, must have a certain restraint and self-limitation imposed.

Not every fact and fancy of opinion should be included in the Applicant’s Statement of Disability.

And, one must ask, how much of that self-expression exudes bravado and exaggeration?  And even after one has won one’s Federal Disability Retirement application, there may be a Medical Questionnaire which is issued by OPM, and if in the course of investigating further, there surfaces an indicia of some extreme form of activity such as bungee-jumping or similarly strenuous engagements which are “posted” for all viewers because of the need for “self-expression” — such a wanton cry for help may indeed come back to haunt.

Self-expression in a society replete with alienation and abandonment may, in the end, be all that we are left with; but for the Federal or Postal employee who wants to preserve and protect one’s Federal Disability Retirement annuity, it may be best to exert some semblance of self-control that is quickly diminishing and disappearing on the graph of the proverbial downward spiral.

Sincerely,

Robert R. McGill, Esquire