Tag Archives: reasonable accommodation proof disability retirement fers

FERS Medical Retirement: The Hard Acceptance Beyond

When an expectation of a day or an event comes and goes, and suddenly the mundaneness of daily toil comes back with a vengeance of regularity, the hard acceptance beyond is suddenly what we must face.

It is similar to that ”Aha!” Moment of realization — where a gestalt explosion of awareness occurs.  But even at the highest level of enlightenment or realization, such a moment is merely a minor point in time — the hard work comes about afterward when we have to apply the realized moment to our everyday lives.

The excitement, uniqueness, or even eccentricity of a given point in time always follows with the boredom of regularity where old problems are merely replaced with different ones; that is why, whether it is a Holiday, an affair of infidelity, or some unexpected windfall, or merely a unique insight, the hard acceptance beyond is the difficult part.

Yet, the best work in life comes about during the daily grind of disciplined work, and not at the arbitrary moment of some enlightened flashpoint.  And it is the hard acceptance that life comes roaring back with a vengeance of mundaneness after that flashpoint of excitement when the adrenaline wanes and the uniqueness fades, that one either accepts with resigned submission or with renewed vigor.

Is it then seen as either a challenge or an Impossible obstacle that cannot be overcome?  How the question is framed and answered will determine the rest of your life.

Medical conditions present a similar life-altering challenge.  Whether by an accident or disabling medical event, that moment in time passes, and then we must face the remainder of life’s linear gift.  It is the hard acceptance beyond the event which must be faced.

For Federal employees and U.S. Postal workers, that hard acceptance beyond may include the need to prepare, formulate and file an effective FERS Disability Retirement application through the U.S. Office of Personnel Management — and it will surely be a fight, but one worth engaging.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and get the help needed to help you get the hard acceptance beyond.

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 and Postal Disability Retirement: How We See Ourselves

Is it ever static?  Does it evolve over time?  Are there individuals who never see a changed self while others believe in a rapidly-changing river on a daily basis?  Is the world comprised of the two “camps” of thoughts, sort of like the old Greek philosophers, Heraclitus and Parmenides?  Is there a successful approach in living — of “mind over matter” — which actually makes a difference?

If we see ourselves as a “failure” despite every objective evidence to the contrary — honors abounding, accolades showered, achievements attained, wealth garnered — does it make it so?

Then, of course, there are objective criteria — and in a Federal Disability Retirement case, it is important not only in conveying the subjective pain and interior psychological roadblocks which prevent a Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, but to combine them with the objective evidence in presenting the full picture of one’s disabling medical conditions.

How we see ourselves is important in a Federal Disability Retirement case; but, moreover, how one’s doctor sees you may be the crucial juncture in attaining a successful outcome in an OPM Disability Retirement case.

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 Employee Disability Retirement: The Non-Existent Door

It is the door which should exist, but doesn’t.

The Non-Existent door includes: The one with the sign on it which says, “Office of Reputation Restoration Once the Truth Comes Out” — you know, the place where your reputation is restored after it turns out that things people said about you weren’t true, after all.  Or, how about: “Office of Refunds — A Dollar for Each Day Your Kids were Ungrateful”.  This is the office where you suddenly become extraordinarily wealthy for all of the effort you put into raising your kids, but where you never received any thanks.  Or, the door with the sign which reads: “Office of Body Parts and Replacements” — where you can trade in a bad back or a bum knee for a brand new one.

Well, such an office door does “somewhat” exist, in that a doctor can do their best to try and repair certain medical conditions.  Unfortunately, the science of medicine has not yet been perfected, and until it has, we have to continue to live lives which must take into account various medical conditions which are not ultimately curable, and have become chronic and restrictive.

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, filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management is often the only available response to the Non-Existent Door — the one which says, “Office Where You can Keep your Job despite your Medical Conditions”.

Contact a retirement attorney who specializes in Federal Employee Disability Retirement Law, and enter the door not of Non-Existence, but of an existence entitled, “Federal Disability Retirement annuitant”.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Disability Retirement: Failing to Act

Ours is a society of inertia.  We talk a lot; move around much papers and information; sit and post on various social media outlets; watch movies and shows; and within that flurry of seeming activity, we satisfy ourselves that we are doing things which matter.  But when it comes time to act, when action actually actuates — we so often fail miserably.

It is as Heidegger once quipped — that we have our distracting projects in life in order to avoid thinking about substantive issues and the inevitable.  There is a time to act — of initiating a course of action; of taking preparatory steps; of formulating a plan for the future.

For Federal employees and U.S.Postal workers who suffer from a medical condition such that the medical condition no longer allows you to continue in your Federal or Postal career, the time to act is now.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of reversing the usual inaction of inertia, and refute the customary approach of failing to act.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The facade

We all do it; but the fact that all engage in it does not mean that the quality of what occurs behind the mask is equal in kind.  What betrays the workings of that which lurks behind the Noh mask?  Does the backstabber ever recognize the evil that is perpetrated any more than the Wizard behind the curtain believed that something untoward was being accomplished?

In architecture, a facade is the outward appearance or frontage that represents the initial encounter, entrance or first impression when approaching or entering; it is a neutral term in that it doesn’t connote or denote anything beyond that which it is — the first impression of the outward appearance.  But when that same term is applied to human beings or other contexts, it takes on a secondary implication of doubt, motive, underlying processes or even evil intent that is deliberately being concealed for the nefarious winds that need cover.

We all wear them; some are more adept at maintaining it in order to conceal and veil; while others can only establish it for a short period, then confess to all that nothing beneath was meant to harm.

For Federal employees and U.S. Postal workers who carry a facade in order to conceal the medical condition that continues to debilitate, deteriorate and prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the strain upon one’s psyche can be enormous and trying.

Over time, the facade must by necessity begin to crumble, to fade, to unravel and reveal; it is the inevitability that is often so fatiguing.  When the critical point of intersection occurs — where the priority of the medical condition surpasses the need to maintain appearances — it may be time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

At some point, we all have to become “real”, and the facade that hides the face of a building does so without concealing anything precisely because there is no “there” behind the face; but the human being that puts on the Noh mask cannot for long maintain the facade that conceals the human suffering within.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The mythology we create

Folklores and mythologies we have read as children; they stir the imagination, of gods in faraway lands in times now forgotten, and of tales of daring and courage in the moral plays of a universe now turned between the tides of time and the ebbing of history.

We are told that they were a manner in which to explain the unexplainable; that, until the great Age of Science came along and placed everything in its logical perspective, we once believed in the mythology of gods, superstitions and the folklore of our own imaginations.

But what of the mythologies we create in modernity?  Of the infallibility of science, when the very judgment and discourse is still based upon human frailty and self-interest?  Of phenomena which we cannot explain but somehow ascribe words that sound meaningful and complex to the understanding of others, and so we continue on in the mysteries we create?

And of mythologies we create — whether in our own minds without ever sharing with others, or the daydreams we are trapped in which we repeat almost daily, as an escape from the drudgery of the reality we must endure; or, perhaps of the lie that began as a pebble in the stream but kept growing over the years until it became a boulder that stemmed the tide of discourse and created a dam which fed a lake?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the mythology we create can be somewhat on a lesser scale of mischief or criminality.

It need not tell the story of a civilization’s origins or in explaining some overwhelming phenomena of the universe.  No, it can be a story that is created to explain away the excessive use of Sick Leave or Annual Leave; it can be the mere telling of a tale that tomorrow the medical condition will miraculously go away; or it can be in the very self-deception that you can continue to endure the pain and suffering and hide it from your coworkers, supervisors and the Agency as a whole.

Federal Disability Retirement is a benefit that allows for the Federal or Postal worker to retire early based upon one’s medical inability to perform one or more of the essential elements of one’s Federal or Postal job.

In filing a Federal Disability Retirement application, however, it may require you to shatter the mythology we have come to create, and face the reality that the gods of thunder and lightening no longer throw down the zigzagging bolts of anger and revenge from high above, but rather, the rains of today may give way to the sunshine of tomorrow, explainable by the natural causes of science and that this amazing world of causality may yet be defined without purpose.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Unremembered

It is a strange concept that encompasses a sequence of duality in the willfulness of the mind – first, to recall, to bring out from the cognitive closet of one’s mind, a vestige of that which was once lost.  Then, the act of the “un” – a negation which abandons that which was once rediscovered; to cast aside and set away an image, a piece of knowledge or a conceptual relic once recovered but now, with deliberative intent, to throw it back into that back room collection where things reviewed have been considered but found to be unworthy to keep in open exhibition.

Thus, there is a linear duality of sequential negations: Once known, then forgotten; remembered and thus retrieved for review, and finally in the domino of cognitive acts, to deliberately engage in the “un” – to unremember that which was once reenacted and reengaged mentally.

It is, then, a deliberate force of the will to consciously engage in an act of self-engagement, and to extinguish like a flame once rediscovered in banishment to complete darkness.  The concept itself is reflective of life’s travels, where we engage daily living and become too involved in the process of advancing in our careers, bringing up kids as best we can, and forget the enjoyment of life itself, until one day we pause, look up from the ground that keeps moving under and behind us in our rush to constantly move forward, and ask the disturbing question:  What is this all for?  Why am I doing all this?  What is the purpose of all of this?

And then we remember: that youthful exuberance where dreams once lived, now deadened in the unresuscitated state of disrepair, when the world was still but an uncultivated terrain to be explored and conquered.  Then, we saw the potential not only of what could be accomplished, but of our own roles in the betterment of society.  We had once known; then, in the busy turmoil of life, we forgot; and then again, we remembered.  Once remembered, we smile, put on a brave face and move forward again – unremembering again by sheer willpower so that we can again “do” instead of becoming stagnant in the constant ruminations of a negation that requires the final step of “un”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition is keeping the Federal or Postal employee in that step preceding the final engagement of the will to “do” by being stuck in the “un” world, the next step in the sequence to move forward is to begin to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, it is the unremembered life that gets beyond the forgetting and the retrieval, in order to get to that step beyond – especially where a medical condition is involved.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Life Lessons

Most of us stumble through it, and somehow end up down unexpected corridors of unplanned venues; and then we have the nerve to think that we can have kids and impart wisdom we never learned, refused to lived by, and rarely listened to.  It is said that hypocrisy is the characteristic of the common farce; it just happens to infect everyone else, and never ourselves.  But there is an evolutionary determinant even in the comedy of life; it used to be that Western Philosophy would teach us to always seek out the substance of a thing, and to recognize mere attributes and appearances for what they are — recognizing that superficiality conceals the essence of Being.

Now, there are popular books which tell us that “faking it” is okay, so long as everyone else is too stupid to know it.  Then, there is our job, our careers and that vocation at which we spend the majority of our lives pursuing.  One day, we wake up, and find that the manifestation  of a medical condition makes it impossible for us to continue.

What do we do about it?  Procrastinate.  Deny.  Avoid the issue.  But reality has a way of ignoring our pleas of ignorance and avoidance.  Harassment at work; Letters Warnings; imposition of a PIP; Proposed Removal; Removal.  It is not that we did not see it coming; we just hoped that life’s lessons would make a detour around our individual circumstances.

Fortunately, however, for Federal employees and U.S. Postal Workers, there is a consolation benefit in the event that a life lesson involving a medical condition impacts the Federal or Postal employee’s ability and capacity to perform all of the essential elements of one’s positional duties as a Federal employee or U.S. Postal Service worker.  Filing for Federal Disability Retirement benefits allows for the Federal or Postal employee to have “another chance” at life’s misgivings, by providing a base annuity, allowing for work in the private sector on top of the OPM Disability Retirement annuity, and to garner a time for restorative living in order to attend to the medical conditions by retaining and maintaining one’s FEHB.

In the end, there is a conceptual distinction to be made between “Life Lessons” and “Life’s Lessons”; the former is what our parents and the juggernaut of historical inevitability tried to teach, and which we deliberately ignored; the latter is that which impacts us daily and personally, and to which we must by necessity respond.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the Federal or Postal employee must 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 lesson of life — whether as Life Lessons or as Life’s Lessons, is to take that stumbling former self who ended up in the corridors of the Federal Sector, and to straighten out the future course of events by preparing, formulating and filing an effective Federal Disability Retirement application through OPM.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Little Engine that Couldn’t

It is an educational tool utilized to impart upon children the value of hard work and unfettered optimism, but one wonders, At what point should the harsh realities of the world be included?  How, sometimes there are situations where the obstacles are so great and the conspiratorial caverns so deep that the graph of upward mobility is but a mere mirage in life’s cycle of certitude. The balance between the benefit of maintaining optimism in the face of adversity, and tempering unrealistic expectations, is a scale of justice which is delicately configured throughout life.

While the tale of the Little Engine that Could represents the cultural and societal impetus for encouraging work, fair play, persistence and a positive attitude, some of life’s obstacles serve to cut short the capacity and ability to achieve stated first goals.  Medical conditions tend to do that.  Whether primarily physical or secondarily psychiatric, or inversely impacted, a progressively debilitating medical condition saps the self-confidence of the individual, and eats away at the abilities of the patient.

For Federal employees and U.S. Postal Service workers, when a medical condition begins to prevent the Federal or Postal worker from performing all of the essential elements of the positional duties of the Federal or Postal employee, consideration must be given to one’s future, and that future planning should include filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Eligibility for OPM Disability Retirement benefits encompasses all Federal and Postal employees, whether one is under FERS or CSRS, so long as the Federal or Postal employee has met the minimum eligibility requirements: 18 months of Federal Service for those under FERS, and 5 years for those under CSRS (which is essentially assumed that anyone under CSRS already has at least 5 years of Federal Service).

Further, if the Federal or Postal employee is still on the rolls of the agency or the U.S. Postal Service, or has not been separated for more than 31 days, then the Federal Disability Retirement application must be routed first through one’s Human Resource Office of one’s Federal agency or the U.S. Postal Service (for the latter, the central processing point for all Federal Disability Retirement applications for Postal Workers is located in Greensboro, N.C.), then to the U.S. Office of Personnel Management in Boyers, PA.

Implicit in this requirement, of course, is that there is a “Statute of Limitations” as to filing a Federal Disability Retirement application.  All Federal Disability Retirement applications must be filed within 1 year from the date of separation from Federal Service.  Thus, if a Federal or Postal employee is terminated, or has resigned, and a Federal Disability Retirement application is filed, the (now former) Federal or Postal employee must file within 1 year of the date of separation — but if separated for less than 31 days, then through one’s former agency or U.S. Postal Service, and if over 31 days, then directly to Boyers, PA, which is the “intake” processing office for OPM for all Federal Disability Retirement applications.

Whether the Federal or Postal employee ever read or heard tell of the tale of the Little Engine that Could, the time for filing for FERS Disability Retirement benefits is when that proverbial engine gives out, and when life’s harsh realities turns the story of optimism and hope into a pragmatic approach in order to secure one’s future; for, sometimes, life accords engines which need fine-tuning, and medical conditions represent just that sort of mechanical need, for the Little Engine that once Could which turned into the Little Engine that Couldn’t.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: In troves of battered grey

It is the crisis point of one’s life, and the interruption of plans, which seems to define the value of the narrative.  We tend to judge by leaps of negation; in a hurry to determine worth, we skim the beginning chapters, then rush through the middle, and read with intensive interest the last few pages and conclude the life of a character based not upon the lengthy experiences of amoral devices, but by the standards of terminal avalanches.

A short story is merely a slice of life; a novel, a jagged graph of extrapolated instances cumulatively garnered to present a coherent and systematized itinerary.  But real life is different.  Each entity is a uniqueness in and of itself; never a mere compilation of facts, nor a composite of irrational emotions; it is, instead, a story unto itself.  Like troves of battered grey, we try and open the chest of drawers and determine in an instant before we close the chapter.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact — and define — one’s worth to the Federal agency or the U.S. Postal Service, it is well to remember not to judge too harshly.  One’s worth should not be defined by any arbitrary point on a linear graph of time, nor determined by those who look disinterestedly beyond yesterday’s contribution to the “mission” of the agency.

Federal employees and U.S. Postal workers who can no longer perform all of the essential elements of one’s positional duties, and who need 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, should never see the entrance into the steps of administrative and bureaucratic malaise as an “end” to the chapter of one’s life, but rather, still the ongoing narrative which requires further telling and editing.

When one is in the midst of turmoil, it is often difficult to see beyond; but like the troves of battered grey we encounter on a foggy night in rain-drenched clothes, we must remember that there is always the warmth of tomorrow, and sunshine of days to come yet to recall the moments of slumber when once a crisis tried to define a lifetime.

Sincerely,

Robert R. McGill, Esquire