Tag Archives: removed from government service due to continuous medical condition

FERS Disability Retirement: Parts of the Day

Human beings like to bifurcate, separate, identify, categorize, and otherwise artificially divide time into manageable segments in order to re-order the world to their liking.

This is the simplified explanation of Kant’s distinction between the “phenomenal world” (the one we perceive through our cognitive faculties) and the “noumenal world” — that “objective” universe which we are never able to access because the categories of our human constitution impose upon the raw universe the mental ordering so that we perceive that which is uniquely human.

Thus, “time”, as Augustine viewed it, is merely the human imposition of expectations as to an anticipated future segment, and nothing more than a fiction based upon human categorization of past, prevent and future.

And of the “parts of the day”?  Perhaps it might go something like the following: Morning coffee period — enjoyable; the slog of late morning; lunch, a quiet respite; the sleepiness after a meal, but somehow to get over the hump of early afternoon; then, watching the clock as the minutes slowly make their way towards the end of a workday; the stress-filled commute back home; home, for last minute chores, children and a good night’s sleep.

With variations, each individual experiences a similar “phenomenal” day, cut up into manageable segments — until an interceding (and interrupting) force appears.  Chronic medical conditions often constitute and comprise that “interruption”.

Fortunately, for Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition itself alters the Federal or Postal employee’s parts of the day — by necessity, to get through the debilitating symptoms of your disabling health condition — it may not be so simple as the hypothetical division as described herein.

What needs to happen, then, is to prepare an effective Federal Disability Retirement application under the Federal Employees Retirement System (FERS), so that the parts of the day can look somewhat like the following: Focus on getting better; rest; focus on getting better; rest.

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 Government Disability Retirement: Predictive Choices

When a medical condition first begins to appear, Federal employees and Postal workers rarely predict or anticipate that Federal Disability Retirement will be the choice that must be chosen in the near-term — or even in the long term.  A medical condition arises; we go to the doctor to take care of it; we continue on with life.  We rarely “plan” in anticipation of filing for Federal Disability Retirement benefits.

The U.S. Office of Personnel Management, on the other hand, looks at an application for Federal Disability Retirement benefits, reviews all of the submitted progress notes of the treating doctor, looks at a person’s Performance Reviews and denies a Federal Disability Retirement application because you — the Federal or Postal employee — were able to work through your chronic medical condition, still received stellar performance reviews, and acted “as if” there was little to nothing wrong with you.

In other words, you continued to power your way through life despite your medical conditions.  It is unfair, isn’t it?  For, you are essentially being penalized for choosing to live life as opposed to making the predictive choice of filing for FERS Disability Retirement benefits.

Contact a Federal Disability Retirement Lawyer who specializes in OPM Disability Retirement Law and begin making the predictive choices which will reinforce your case for a successful Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee’s Medical Retirement: A Perspective on Truth

The traditional philosophical arguments surrounding the nature of Truth, the “battle” between “Absolute Truth” and “Pure Relativism”, etc., are too often simplified and reduced to sloganeering and shouting matches which end up being nothing more than accusations as to whether one believes in a Higher Order of Being — or not.  Yet, it is often a perspective upon appearances which determines the “truth” of a statement.

Plato pointed this out in reference to the three towers in the distance; if seen from one direction, they appear to be only one; if seen from another, they constitute 3 distinct objects.

The U.S. Office of Personnel Management, in denying a Federal Disability Retirement application under FERS, takes a similar perspective on truth.  They will take each medical condition cited, isolate each and minimize the impact of the separated medical conditions upon one’s ability or inability to perform the essential elements of one’s Federal or Postal position, and by approaching the “truth” this way, can purport to make your case appear “as if” you never had any case at all.

Now, some might critically argue that such an approach is “disingenuous” (i.e., somewhat akin to the “absolutist” argument), while others merely view this as “clever” (i.e., akin to the “relativists”).  The point of OPM’s approach is to make you believe that you never had a chance to begin with, and to have you go away without filing for Reconsideration, thus reducing their caseload by a numerical insignificance until multiplied by an exponential factor of greater percentages.

The way to counter OPM’s argument?  To identify their approach and counter it with a different, more powerful perspective on truth — by further medical documentation and more powerful legal argumentation which makes OPM’s argument impotent and irrelevant.

For, in the end, a perspective on truth must be countered by proposing an alternative perspective on truth — of showing that the three-towers-in-one is a mere illusion and a trick of the eye.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Unshared Responsibility

It is an oxymoron of sorts: For, by the very definition of each of the two words, the opposite should necessarily be implied.  Responsibilities, by their very nature, especially in the context of a village, a society, or a nation, are shared by all; and thus to declare the existence of an “unshared responsibility” — when responsibilities by their very nature require a shared nature — is a form of self-contradiction.  Failure to share the responsibility that is ours to engage is common where society no longer knows its own neighbors.

That is the essence of a disappearing village — where we know longer know each other, remain detached and merely retain the outer facade of being a society with common interests.  Do you know your next door neighbor?  Do you even care to?  Yet, we have thousands of “friends” on Facebook, but barely know, or care, about the person living just across the street.

The Office is no different.  One day a coworker files for Federal Disability Retirement benefits and we are “surprised”.  We didn’t know that the person even had a medical condition.  The Supervisor didn’t know.  The Human Resource Office didn’t care to know.  No one at the agency cared to know.  That is often the reality, unfortunately, and the greater — sadder — reality is that those who should have known didn’t care to take the time to know.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, and where confidentiality of the process is critical because of the unshared responsibility of the Federal Agency or the U.S. Postal Service, consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law, lest the unshared responsibility of confidential matters may potential leak to the uninterested ear that awaits hungrily for the gossip of unspoken mouths.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement: To Begin With…

Every endeavor begins with that.  Go to a class, a seminar, a “How to” video, and while the words may vary in form, the basic content of each must by necessity introduce the newcomer with, “To begin with, you must take the …”.

We are all beginners at some point in our lives; then, when a project, activity or some form of vocation begins to become “second nature”, we forget that we once struggled with the assignment, felt lost in the complexities of the endeavor and often sensed that competence in the field would never come about.  There is often that “aha!” moment which we have long forgotten, where the transcendence from ignorance to knowledge occurs in a subtle, almost imperceptible manner, and when that happens, we take on the amnesiac’s role of those first words, “To begin with…”

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, it is important to understand that the laws governing Federal Disability Retirement begins with some initial but crucial steps in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management under FERS.

Don’t be intimidated by the complexities inherent in the bureaucratic morass involved; rather, consult with an OPM Disability Attorney who specializes in FERS Disability Retirement Law, and start with the admonition that all such complexities must begin with: “To Begin with…”

Sincerely,

Robert R. McGill, Esquire
Federal OPM Disability Attorney

 

OPM Disability Retirement for Federal & Postal Workers: Lost Paradise

We all have a notion of it; for some, it may just be a memory of a day at the beach; for others, somewhere in the recesses of a childhood memory; and for others still, the reality of a time before an illness, the rise of a medical condition or even of that moment when a doctor declared a diagnosis.

Paradise itself is a relative term; it engenders images of perfection and pleasure; of endless joy and a state of eternal mirth; or even of a negation of sorts.  For, if a person lives in constant agony, doesn’t it stand to reason that the negation of that agony would represent a paradise of sorts, and the loss of that state of happiness occurred because of the existence of whatever created that state of agony?

One who burns in hell would consider a momentary cessation of the agony of eternal torture to be a slice of paradise, and the lost paradise no more than regretting the sins committed.  We rarely consider the greater good as that which we take for granted, and that is why when we are confronted with the hypothetical proposition of “3 wishes to be granted by a genie”, we jump to material goods or conditions of physical pleasure, unlimited wealth or a time of perpetual joy.

Rarely do we include the wish for good health when we already enjoy it, precisely because the paradise one lives in, until lost, is assumed as eternally granted.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the lost paradise of good health no longer allows for continuation in one’s Federal or Postal career, it may be time to consult with a FERS Attorney who specializes exclusively in Federal Disability Retirement Law in order to prepare, formulate and file an effective Federal Disability Retirement application.

Don’t let the lost paradise of former days extinguish a future of hope and betterment; for, the mythological state of a paradise lost need not be a perpetual state of dread and dismay.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Disability Retirement: Vital Signs

We tend to take them for granted; yet, when an emergency arises, they are the first indicators we search for in determining whether and to what extent the concerns are justified or not.

Vital signs — whether of pulse, heartbeat, breathing or consciousness — are like left and right turn indicators that forewarn of an impending action, and when they weaken or disappear altogether, it becomes an event with traumatic consequences.  For the most part, vital signs are overlooked and are forgotten about.  We do not go through a normal day worrying about our pulse, or our heartbeat, leaving aside our consciousness; for, in the act of taking such things for granted, we assume that our capacity to live, work, eat and play in themselves are signs of conscious intent, and therefore can be ignored.

Vital signs are vital only in the instance of an emergency, when the question itself emerges as to whether that which we presume to be the case no longer is, or is doubtful as to its existence.  But life is more than the aggregate measure of vital signs; its quality must be measured by the compendium of circumstances, what we do, how we see ourselves and what hopes for the future are collected and maintained.  Vital signs are merely those “basics” that are taken for granted; but beyond, there is the question of one’s quality of life.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts upon one’s quality of life precisely because work is a constant struggle, one’s health is a persistent problem and where one’s personal life is overwhelmed with fatigue, pain and misery, consideration must be given to file for Federal Disability Retirement.

In the end, life is more than checking to see if those vital signs exist; in fact, it is vital to life to have a certain quality of life, and that is what Federal Employee Disability Retirement is all about.

Consult with an experienced attorney who specializes in FERS Disability Retirement Law to see whether you may qualify for a benefit which is intended to return the vital signs back to a state of presumed existence.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Disability Retirement Attorney