Tag Archives: samples and legal assistance opm disability physicians letter

Federal Disability Retirement under FERS: Spectator Sports

Psychologists and commentators in general have had a field day (yes, the bad pun is intentional — but who can avoid it?) with analyzing and providing “expert” opinions on the matter, which essentially plays with (yes, yes, another bad pun) the following question: Why are people so enamored by watching others play a game?  What is it about the concept of spectator sports that draws such a crow?  What is it about being part of a “team” that results in people acting in such bizarre ways?

It is, of course, an easy transition to other areas of one’s life — from spectator sports to the political rally; of parades and cheering crows; of legions of a cheering populace gathered to welcome the Roman troops returning from battle; of D-Day and V-J Day; of the stadiums filled for the World Cup in Soccer to the excesses of the Super Bowl; of March Madness and the tradition of Friday Football (High Schools), Saturday Football (Colleges) and Sunday Pro football games; and what the Covid-19 Pandemic reflected when everyone was shut in, but with curtailed capacity to view such spectator sports.

What does it reveal about us?  Had the Romans, with their vast coliseums, already figured out the human psychology — of the need for spectator sports — in order to satisfy the blood-thirsty need of a restless populace?

For Federal employees and U.S. Postal workers who are needing to filing for Federal Disability Retirement benefits under FERS, hiring a disability attorney who specializes in Federal Medical Retirement Law is often approached as one does a spectator sport: Who has the highest winning percentage?  What Law Firm will treat me as a “team member”?  And, the flip side is also true, concerning the perspective of the Agency: “How will my ‘team’ (the Agency) treat me?” “How will my team react?

Whether fortunate or unfortunate, the psychology of spectator sports is how everyone views things, but for the Federal or Postal employee who is ready to contact a FERS Disability Lawyer to initiate the process of OPM Disability Retirement, understand that trying to get an Federal Disability Retirement is ultimately not a spectator sport; for, it is the reality of a life endeavor, and your full participation will be needed on the “field” of the early retirement process.

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.

 

OPM Medical Disability Retirement under FERS: Messing Things Up

Can you mess things up without knowing it?  Absolutely.  Can you mess things up while knowing it?  Again, absolutely.

We have all been in that situation, haven’t we?  The latter context is always troubling — for, as we are engaged in the activity, we begin to have a sense that things are taking the proverbial “wrong turn”, and there is a growing, sinking feeling our involvement and participation in the endeavor plays a significant role in messing things up.

We begin to think up of excuses as to why what we did was less than harmful; we try and minimize our own ineptitude; we try and justify how it would have turned out that badly, anyway.  Or, as in the former context, our own ignorance allowed for the messing up of things and, while the period of ignorance delayed our knowledge (or lack thereof) concerning out active participation in messing things up, when we come to a point of knowledge, we suddenly realize that what we were doing (or not doing) played a major role in messing things up.

Filing a Federal Disability Retirement application under FERS can end up this way: Messing things up by not knowing what to do, what laws to comply with, what criteria needs to be met; or, messing things up by submitting too much information, etc.

To prevent this, contact an OPM Disability Retirement Lawyer who specializes in FERS Disability Retirement Law, and consider the consequences of messing things up.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Denial: The Middle Stage

It is like those siblings who are “in between”; of caught in relevance and significance by being squeezed on the one side by the “giant first one”, and on the other side by an even greater presence; and, somehow, the middle stage is lost and forgotten.  Is that how life itself is viewed, as well?  Of being cooed and oohed over the baby-years, and then forgotten once the younger sister comes into the family; or of being cast aside by children in their teenage years, then suddenly realizing that time lost can never be regained, but recognizing that one’s parents now are too old to appreciate?

Is that why the “Middle Ages” are viewed as irrelevant, stuck between the “Ancient Era” of the great Roman and Greek periods, and then suddenly skipped over into the Renaissance and into modernity?

The “Middle Stage” is like the Middle Age years — of being present but quickly fading; of being there but barely noticed; of shying away and fearing the next stage because the one before was so full of energy and the disappointment of the failures of the previous stage is merely a foresight into the fearful expectations of the next.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the “Middle Stage” is called the “Reconsideration Stage” of the administrative process.

The Reconsideration Stage is the stage where the Federal or Postal Disability Retirement application has been denied at the Initial Stage, and it is the Stage before the Third Stage — an appeal to the U.S.Merit Systems Protection Board.  It is not a stage to be “overlooked” — as some inevitability of a further denial — but one which provides for an opportunity to enhance and add to one’s Federal Disability Retirement application by providing additional medical and other documentation in order to obtain an approval from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

If the applicant decided to forego consulting with an attorney at the Initial Stage of the Federal Disability Retirement process, then it is a good time to consider contacting an attorney at the “Middle Stage” — the Reconsideration Stage of the process — to discuss the next and crucial steps in order to correct any past mistakes and affirmatively assert the proper legal basis in meeting the preponderance of the evidence criteria in your quest to obtain Federal Disability Retirement benefits from OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: The parade that fades

Parades are often forlorn events.  The pomp and circumstance that brings forth the loud serenade of trumpets, drums and cadence of disparate groups; the sequence of human colonnades marching to the beat of rhythmic blares where medals gleam in the glint of sunlight’s twilight; and when the speeches end and the parade that fades leaves but for the leaflets that once announced of its impending arrival, the hearts that once fluttered in anticipation of the marching band that lost its footing may but be a glimmer of tomorrow’s hope.

Parades celebrate, and the participants engage the public eye to put on a show of appreciation, but do they voluntarily come together, or are they merely compensated workers ordered to appear?  And when once the parade fades, what happens to those left behind, of the grieving widows and children left orphaned, and the pinning of medals that sang the mournful hollow of a priceless life?

Other lives march on; it is the forgotten ones that inhabit an earth that continues on in haunting groups of voiceless sorrow, for years on end without the recognition noted but for that singular day on the parade grounds, where glory once revived and then soon forgotten.  Much of life is like that, isn’t it?

Like a parade that is put on, lasts for a day, or perhaps merely a part thereof, and then soon to be forgotten except for memories that are seared with a grimace and graceless utterances of voices once remembered and now merely a fading vestige, if that.  What was the fanfare for?  Do we even remember? What was said in the speech now faded but for glory’s once grand applause?  Do we even care?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker’s attempt to continue his or her career because the progressively worsening medical condition itself is preventing one from performing one or more of the essential elements of one’s job — the end of one’s career may be likened to the parade that fades.

That sense of belonging; that feeling that life’s cadence included you in the marching band of the colorful parade; of being part of a team, with a sense of coherence and purpose; but like all parades, the day’s end ultimately comes.  Whether you are under FERS, CSRS or CSRS Offset, the sinking feeling that the parade that fades may mean that there is no longer the trumpet’s blare or the drumbeat of life’s cadence is simply a fear within that does not reflect reality.

Tomorrow, the sun will still shine and the birds will yet sing; the grounds will still be there, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management is merely changing the venue of where the next parade will be held, thus replacing the parade that fades at the end of this day alone.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under: Duplicative Duplicity

We can lie to others; others can deceive us; one can persuade oneself of a falsehood in order to live a deception; and we may even be able to persuade others, despite knowing the truth, to tell a lie and come to believe it in order to create an atmosphere of believability for third parties to concede.  The capacity for human nature to construct walls of deception, and double-walls of duplicity, is fathomless and without competition.

Everywhere else in the animal kingdom, the stark reality of the innate essence for survival prompts and compels in order to meet the day’s needs and arrive at the horizon’s end so as to lay one’s head upon a pillow of restive sleep; but not for man.  It is not just that we can ignore and set aside; we can repress and play-act, and convince others of the finery of the emperor’s clothes.

We can engage in sympathetic acts of criminal endeavors, join the Symbionese Liberation Army and claim the Stockholm Syndrome as a defense against our prosecutors, and live life within the parameters of the lie told and the deception accepted.  But then, one day, an obstacle is encountered.  Reality tends to slap one in the face, flush where the pain will not go away.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates 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, the revelation of duplicative duplicity normally arrives when the pain and purview of one’s medical condition exponentially exceeds the spectrum of tolerance for continuation beyond overwhelming turmoil.

When life becomes unbearable, we tend to act.

Only in the antiseptic universe outside of the general laws of Darwinian behavior can we survive beyond our own making of deceptive parallel universes.  But our bodies tell of truths; our instinct, the need to act; and despite expanding our natural arc of flight by duplicative duplicities, the flickering depths of our animal essence can never truly be extinguished.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Byzantine Iconoclasm & Compromise

It was a period in history when religious images and icons were considered heretical.  It resulted not merely in the rejection of new such images, but in the active and aggressive destruction of venerated art, sculptures, etc., and the persecution of those who created or owned them.  The term itself has come to represent an unyielding, irrational stance, unmoved by rational discourse, and even more to the point, aggressive in stamping out all opposition.

“Compromise”, on the other hand, has come to represent the ability and capacity to accept something other than the original starting points of two or more conflicting views, victims or vantage vats; for some, it reflects weakness and meekness in the willingness to capitulate beyond principles, setting aside cherished beliefs for the sake of concession and agreement.

What happens when an individual possesses the personality characteristics of an iconoclast, but circumstances dictate flexibility for compromise? Beliefs are great to have; that, and a dime, won’t even buy a cup of coffee, anymore, and it is this conflict which often arises which tempers the spirit of human pursuit and happiness of infernal contentment.

For Federal employees and U.S. Postal Workers who suffer from a medical condition, where the medical condition impacts one’s capacity and ability to perform all of the essential elements of one’s positional duties, the internal conflict between enduring the pain and turmoil of one’s medical condition, and the need to keep one’s commitment to family, employment and self-sacrifice, come to the fore, and is often reflective of the historical clash and intersecting conflict between Byzantine Iconoclasm and Compromise.

We often think that our own situation, in its microcosmic relevance, has never been known, unlikely to have been experienced, and stranger than fiction of verse.  But as Aristotle often notes in observing the physical universe, there is a “substratum” concealed by the elements merely seen by the observing eye, which continues on imperceptibly whether we know it or not; and for humans, that underlying unchangeableness falls under the generic aegis of the “human condition“.

Often, changing circumstances require a fresh perspective and a willingness to re-prioritize our lives.  For the Federal employee and U.S. Postal worker who must face the very-real prospect of a change in career and future goals because of a medical condition, the first order of priority must be one’s health and attending to his or her ongoing medical condition.

Once that has been established, then one must ask, Is continuing on in the same way — like the Byzantine iconoclast of yesteryear — impacting my health?  If the answer is a truthful, “Yes”, then one must consider preparing, formulating and filing for Federal Disability Retirement through the U.S. Office of Personnel Management, in order to attain a state of circumstances where one’s health is not progressively being destroyed by one’s employment.  For, in the end, compromise from a prior set of circumstances is not indicative of weakness or concession of principles; it is merely to embrace the wisdom of ages long ago lost, and to recognize that those images destroyed in the fervor of Byzantine Iconoclasm never extinguished the true essence of religious belief, but merely the product of human creativity in service to the principles of beauty and art.

Sincerely,

Robert R. McGill, Esquire