Tag Archives: qualifying conditions for disability retirement (see “medical conditions” in fers-disability-retirement.com)

FERS Disability Retirement Benefits: The Commonplace

Without it, there would not be the extraordinary; or, at least we would not notice it.  For, if all of X is Y, then there is no distinction between X and Y and the identity of X would be subsumed by Y, and conversely, the identity of Y would lose its distinctive identification.  Similarly, if everything is nothing, then nothing is everything, and as negation is the dominant gene, nothingness would prevail (or some such logical nonsense as that).

It is precisely because of the commonplace that the extraordinary can be identified; and yet, we never applaud the former but exuberantly place accolades and laud the latter.  Of course, when the commonplace becomes extraordinary, that is when we yearn for it — as when our lives are disrupted and torn apart, as in the war in Ukraine.  We identify with it because we can relate to it — of a nation enjoying the commonplace, and suddenly it is gone and replaced by the extraordinary, where the term “extraordinary” is used to describe the indescribable.

For Federal employees and U.S. Postal Service 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one or more of the essential elements of one’s Federal or Postal job, the commonplace of being healthy has now been replaced by the extraordinary of suffering from a medical condition, and it is because of this change that one’s “regular career” must now be replaced by a Federal Disability Retirement annuity under the Federal Employees Retirement System (FERS), through the U.S. Office of Personnel Management.

For, the commonplace (ability to continue as usual) is now the extraordinary (the effects from the medical condition itself), and the yearning for the commonplace is precisely because X has been subsumed by Y.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and get the commonplace back by replacing the extraordinary.

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 Law: The Comparative Perspective

It is a game which is played throughout history — of comparing one’s own situation to a projected, often inaccurate portrayal of “the other”, whether that other is the neighbor across the street, the stranger whom you see sitting in a cafe drinking coffee, or some celebrity who is obsessively followed for their seemingly outrageous lifestyle and unpredictable tantrums of demands and pubic displays of extravagance.

There are the traditional responses, of course, of: “The grass always appears greener on the other side of your fence”, or that you can never know of another’s life unless you walk in his/her shoes, etc.  But such pablum responses never stop the game that is played — of providing a comparative perspective by judging, on a superficial level, the more appealing life of someone else.

But what if that “someone else” was comparing his or her life to yours?  What is it that they would “not know” but would make a great difference “if only they knew”?  How about a medical condition which you have been masking for many years, which has taken a tremendous toll upon your life?

Indeed, that is often how Federal and Postal workers continue to work despite a medical condition slowly and incrementally destroying the health and well-being of a Federal or Postal worker’s life.  The comparative perspective is often the wrong one, precisely because the comparison itself is made on the most superficial of levels.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement if your health has deteriorated to such an extent that any comparative perspective would open up the eyes of the person making that comparison — with the realization that it is time to prepare, formulate and file an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management.

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 Pathway of Choice

Pathways are peculiar entities; pre-Google Map times, they were a maze of forbidden routes, romanticized by a generation who were familiar with the television series, Route 66, and about hitchhiking, wrong turns, Robert Frost’s famous poem and Rand McNally road maps.

Now, of course, Google guides, directs, and (sometimes) allows for avoidance of unnecessary delays.  But is it the pathway of choice, and even more importantly, is the pathway chosen the best one for each one of us, the most advantageous for us, and the one which ultimately is in our best interests?  If the pathway that is chosen is simply so because all others are never known, or merely because that is the Robert-Frost-look-alike, when in fact it is delimited because of our lack of knowledge, is it really out of choice or of necessity?

Perhaps the career chosen is not turning out to be the realization of one’s dreams; or, as sometimes happens, an unfortunate set of circumstances has intervened — like a medical condition — and suddenly the pathway of choice that we thought would fulfill our hopes and dreams no longer seems possible; then what?

For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition no longer allows us to perform all of the essential elements of the Federal or Postal positional duties, the pathway of choice for the immediate future may seem constricted:  Stay put and suffer; walk away with nothing; or, prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

That is the tripartite fork in the immediate road on the way to one’s pathway of choice; but then, there are other “forks in the road” beyond, such as being able to work at another job after one has been approved for Federal Disability Retirement benefits, whether in the private sector or in a state, county or municipal employment scenario.

Don’t be restricted to the immediacy of one’s pathway of choice, for there are many forks beyond, and the pathway of choice as dictated by Google maps only tells you which turn to make in the next quarter mile, and not about what may be chosen in future lives yet unforeseen.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: Fathoms and farthings

They are words seldom used by ordinary people, and are instead found within contexts now of limited usage except by reference to anachronistic novels and reference manuals, or perhaps in sea-faring settings where such terms are related to between seasoned old-timers in the field.

The former term refers to the unit of measurement for the depth of the ocean’s topography; the latter, a unit of currency so small as to have become obsolete by now with the inflationary course of history having relegated such amounts to irrelevancy, and ceasing to be recognized as legal tender by 1960.  Besides, it was a “foreign” currency as well, and was not a currency used in current usage within recognizable current vintage, anyway (yes, yes, a bad attempt at alliteration and a play on words).

What do they have in common?  They both measure a unit of X, of course; they are also words that have “meaning” only within certain contexts, whether of specialized oceanographic particularization or, as to the latter, within a historical context if one were writing a play, screenplay, novel or short story that included anywhere from the Victorian to the Elizabethan periods.  It is a reminder to us all that words come in and out of “meaning” and relevance based upon the context given and recognized.

Language games”, as the term Wittgenstein ascribed, retain their relevance and applicability depending upon the context of the usage adopted.

It is no different when preparing, formulating and filing an effective Federal Disability Retirement application by a Federal or Postal employee, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Suddenly, the Federal or Postal employee is thrown into a “language game” that has been ongoing for decades, but is new to the Federal or Postal employee who must prepare an effective Federal Disability Retirement application.

Such terms as “The Bruner Presumption”, “viable accommodation attempts”, “Persuasive legal effect of other disability ratings,” etc., come into play.  Yes, you may be able to research and understand some of the terms, but the particularization and the anachronism of such terms may come back to haunt you unless you, as the Federal or Postal employee trying to submit an effective Federal Disability Retirement application, can fully comprehend the specialized nature of this complex process called Federal Disability Retirement.

For, like fathoms and farthings, it may be best to consult an attorney who has a long experience with such terms and usage in order to better heighten the chances of a First Stage Approval from OPM.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Tone and tenor

In music as well as in grammar, the first word remains somewhat constant, in that it refers to the sound itself – how it sounds, the decibel level, the texture and coherence, etc.  Between the two, it is the tenor that alters, for in music, it refers to the male voice intermediate between the bass and the alto, while in grammar it is the content and substance of that which is said.

Thus, in either manner of usage, whether in music or in grammar, the combination of both is a bifurcated distinctiveness that goes to the duality of the following:  How it is being played or said, as opposed to what is being emitted or posited.  Both in verbal communication, as well as in written delineation and presentation, each are important.  In the former, one can often modulate the first upon the second, and even adapt the second in order to “soften” the first.

Thus, a person might say, “Go take a hike” in an angry, unforgiving manner, and the words spoken are consistent with the tone granted.  Or, one can say it in a joking, soft-spoken manner, and suddenly the tenor of the words take on an entirely new meaning – for, no longer do you actually mean the words themselves, as in “Please go away, I don’t like you and I don’t want to see you”; rather, stated in the second manner, it can simply be a cute retort, a friendly quip or a joking gesture.

In writing, however, one must be quite careful – for the tone of a sentence is encapsulated within the tenor of the written statement; the two, being entangled by the written mode of communicating, can easily be misinterpreted unless carefully crafted.  That is why texting, emailing and other written modes of delivery can be dangerous vehicles easily misunderstood and taken with offensive intent that otherwise was meant in a different manner.

The “tone” of a written sentence, paragraph or page must be intimately woven with the context of the “tenor” presented; and how the reader or recipient reads it, what internal “tone” is ascribed, can be misguiding.

For the Federal employee or U.S. Postal worker who must prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the tone and tenor of a Federal Disability Retirement packet is important to consider.

Will a somewhat “third-person, objective” persona be assumed?  Will the SF 3112A, the Applicant’s Statement of Disability, be presented in a cold, clinical manner, where the tone is set “as if” someone else is describing the personal issues of the medical conditions, as well as their effect upon the Federal or Postal employee’s capacity and ability to perform the essential elements of the Federal or Postal position, or will it be more likened to a weeping bundle of hysterical cries begging for approval, or even closer to an angry shout that deafens the ears of the U.S. Office of Personnel Management’s assigned “specialist”?

Tone and tenor need to be decided upon early on in preparing, formulating and filing an effective Federal Disability Retirement application, and it may well be that consulting with an attorney who specializes in preparing such applications will ensure the proper modulation in both the tone and tenor of an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Separation and Retirement under FERS: The stick figure across the street

We all drew them.  They are simple figures, one-dimensional, created not only by children and uncreative hands, but by sophisticated artists who convey complexity through their uncomplicated depiction.  Upon such lack of depth, we can project an unending dearth of fillers, precisely because the simple lines invite us to increase the servile skinniness by piling a composite upon the lean figures which are mere caricatures devoid of substance.

The neighbor across the street, whom we have never met, and who is but a figure the size between forefinger and thumb, and remains the remnant of a stick figure, and continues to convey, so; and when the annoying bark of a midnight dog awakens the sensibilities of insomnia and a sleepless night, or of such a thin veil of loss of restorative slumber that wakefulness becomes a better alternative, then we can fill in the gaps of the stick figure, add some meat and substance, with diatribes of invectives piled upon curses and unimaginable energies of words rarely considered and never previously uttered.

Coworkers used to be nothing more than such stick figures — before they earned that status of enamored stature.  That is why leaving a career, cutting short a lifetime of accomplishments, and turning away from the vindictive familiarity of a workplace once loved, is so difficult for the Federal or Postal Service employee.

Once upon a time, the stick figures were mere appendages and afterthoughts in the life of the Federal employee or U.S. Postal worker; but over time, they gained substance, girth, and an unmerited significance merely by osmosis of daily encounters.

Thus, when a medical condition hits the Federal employee or U.S. Postal worker with a force of plenitude such that filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management must be considered, it is not just the separation from mere commerce and economic entanglement which must be considered, but rather, extrication from a social network of figures who have evolved, over many years and sometimes multiple decades, into caricatures amassing and aggregating personalities, comradeship, shared sense of missions accomplished, and much more.

So long as they had remained mere stick figures from across the street, the distance of time, the separation of dimensions, and the wall of strangeness allowed for an ease of abandonment.

For the Federal or Postal employee who must consider preparing, formulating and filing an effective FERS Disability Retirement application through OPM, however, the process is no longer merely a wave of goodbye to the stick figure across the street; no, instead, that has become the unwanted uncle who has no other home to go to, and must by obligation be evicted despite the relationship which has developed beyond the formless caricature painted upon our own minds.

Sincerely,

Robert R. McGill, Esquire

 

Federal Government Disability Retirement: The Best of Mediocrity

There is an overriding principle that, where excellence is sought, higher expectations are exceeded.  Acceptance of a given human condition and resignation to that which is less than the best, is to embrace the heart of banality and to reject that august status reserved for the human species, of being above the animals and just below the angels.

There is a syndrome for that; of thinking and believing that one’s situation is all that one can hope for, and this resignation to life’s circumstances occurs when mediocrity becomes the meddlesome cousin to dashed hopes and dreams, and when the toxicity of one’s surrounding environment will not widen the narrow imaginations once the muddle of the middle prevails upon human potentiality.

It is like the parental fight which tumbles unchecked into an ugly shouting match of epithets and unbridled accusations of meanness and vicious ferocity, flung at each other out of frustration and fatigue, and then the realization that the children are watching, ever so observant, and you ask, Who are the grownups in this morass?  Where did the emperor’s clothes go?  What happens to a couple when there are no longer control mechanisms and neighbor’s noses to sniff the air for scandal, and when destruction of stability is accepted, any and all sense of obligations are thrown out the proverbial window, and the visiting aunt is no longer there to lend a critical eye, but instead has been shuttled to a nursing home where decay, death and dementia of purposeless existence remains in the antiseptic stench of lifelines and plastic tubes draining the life out of a society’s level of excellence?  We accept our “station in life” when hope is vanishing in the degeneration of societal decay.

For Federal employees and U.S. Postal workers who sense this morass of loss, especially when a medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal positional duties and there comes a recognition that one must prepare, formulate and 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 time to shed tears for the loss of mediocrity comes when affirmative steps are taken to recognize that there can be something “more” than merely the best of mediocrity.

Never think that filing for and obtaining a Federal Disability Retirement annuity is merely to accept “less”; rather, it is a recognition that there is an inconsistency between the medical condition one suffers from, and the limited positional duties of the Federal or Postal job for which one is positioned.  There can be further opportunities for work and vocational advancement in another job in the private sector, while still retaining one’s Federal OPM Disability Retirement annuity (as long as the type of job one chooses to engage in is somewhat substantively distinguishable, and if one remains within the “80% rule” of earned income).

The best of mediocrity is to accept the loss of one’s Federal job or Postal work, and to not see that the proverbial corner one cannot yet view, is but road yet untaken, an opportunity unseen, and a future to behold as the golden dust of an angel’s flight may yet sprinkle upon elevating the best of mediocrity into a stratosphere of excellence, beginning with preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Intrusion upon the inviolable refuge

We all hold, savor and protect them; and whether they are physical escapes, relational interludes or mere cognitive distractions, they are the corners of secluded quietudes which serenely exist in the abandoned crossroads of time, like unbeaten dirt paths down lonely prairies of uncut grass wavering in the morning breeze of timeless passivity.

Perhaps it is watching a favorite television show; or of morning jogs leading to a little-used, covered bridge which tells of whispered pasts, history untold, and marvels unwitnessed but for the overhanging tress which record speechless events; or even the moments throwing a ball with one’s dog, where boundless energy is witnessed and with awe of language bonded by facial licks and warmth of hugs, that timeless memory is captured within the framework of human needs and wants.

The inviolable refuge is the shack we have built, and to which we escape and recede from the problems and complexities of civilization too weighty to bear without.  Those distracting hobbies, of collecting when amassing becomes a fetish, or when childhood dreams never amounted to much but where echoes of angry voices haunting us for innocence extinguished and promises unkept; those are the times when we close the door and lock it from inside, in order to regain the equilibrium lost in the maze of daily clatter.

Medical conditions have an invasive nature to them, where escape can never be completely pursued or accomplished.  Further, when medical conditions begin to invade the capacity of one to escape from the daily toils of the world, and where the universe of struggles becomes too much to bear and the crossing of lines held separate and apart by sheer force of willpower can no longer be rectified, then it is time to take steps to ameliorate the intrusive consequences.

For Federal employees and U.S. Postal workers whose lives become consumed by the tripartite evils of work, medical conditions and the inability to fine refuge away from the creeping tides of problematic struggles, consideration needs to be given to advancing towards another horizon.

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 is a “next-step” reflection for any Federal or Postal worker who has recognized that where a medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties, and work therefore begins to intrude upon one’s personal concerns and struggles, then the demarcation between pleasure and pain becomes so confounded that all pathways for the requisite escape begin to close.

Each of us needs a refuge of quietude; and whether such haunts of escapism is satisfied by a quarter placed in a juke box, or travels to exotic destinations whether in physical flight or mental dreams, when life intrudes upon the inviolable refuge of our own creations, it is time to take affirmative steps to proceed and advance, in order to protect those hollow reeds of wavering wants waiting to whisper the sounds of silence.

Sincerely,

Robert R. McGill, Esquire