Tag Archives: san diego lawyer fers disability

OPM Disability Retirement: The Zigzagging Life

Every life has a pattern.  Whether of a logical progression; a life based upon personal failures resulting from passions unresolved; one of pure selfish pursuits; another of enmity, always with a chip on one’s shoulder; or of a zigzagging life, always traversing across wide expanses of empty plateaus, never touching the same field twice.

It is like the pattern one achieves in playing the Game of Go — that Chinese conundrum of a game, adopted and perfected by the Japanese, where the pattern of white against black in dominating the territory constrained by the squares on a board — and yes, when the entire board is filled, the distinctive patterns created by the white oval pieces in contrast to the black oval pieces, reveals the pattern of a person’s life.

You can tell — read — the frustrations, passions, feelings, thoughts, emotions and even psychosis, of the players based upon the patterns created.  The one who hugs the edges; the other, attempting to dominate the middle; both, creating stoppages and attempting to subvert the two “eyes” of every pattern in order to prevent the unconquerable string of oval stones on the intersecting lines of a Go Board.

The Zigzagging Life is the one most of us lead — without logic; without purpose; but just to survive for another day, to place one more stone upon an in invisible line of intersecting — but never encountering — life of emptiness.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and who believe that his or her life in the Federal Government has come to a crossroads where the intersection of medical condition and inability to continue in the career of his or her choice in the Federal Government, you may want to contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, where the Zigzagging Life of trying to continue while knowing that your illness or disability will no longer allow you to keep going, and you have come to a point where you are considering resigning and just walking away — Don’t.

Instead, consider what a FERS Disability Retirement benefit can do for your life.

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 Disability Retirement: Other World’s Thoughts

Are there other worlds which think differently?  When you hear of other cultures; of other societies; of people speaking in response to questions posed — Do we suddenly become jolted by the cultural differences, of thought processes which sound foreign and alien, and think, “Wow, is it possible that they think differently than I do?”

Perhaps, it has to do with marriage — of arrangements that still lead to a happiness which we cannot fathom.  Or, of cuisine that doesn’t quite agree with what we consider acceptable staples; or even of freedom — of restrictions, of political speech which is restrained and constrained by fear, intimidation, etc.  Are there, within a reach’s distance, other world’s thoughts which appear foreign and distant?

Certainly, for Federal Gov. employees and U.S. Postal workers who suffer from a medical condition and need to file for Federal Disability Retirement benefits under the FERS system — the foreign language required by the U.S. Office of Personnel Management in order to qualify for Federal Disability Retirement benefits; it is, in essence, Other World’s Thoughts.  It is a language replete with legal jargon and foreign phrases; of case laws applicable and statutory authorities inviolable.

In order to qualify for Federal Disability Retirement benefits under the FERS retirement system, it is tantamount to needing to know a foreign language.

Contact a FERS Attorney who is familiar with that “foreign language” of OPM Medical Disability requirements, and understand that, yes, it is indeed Other World’s Thoughts.

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.

 

FERS Medical Disability Retirement: Ostensibly

It is a funny word, in many respects; for, it presumes and assumes what may not actually be the case.  The word, “Ostensibly”, is used to describe that which is apparently so, or purportedly assumed, but may not actually be so.

Thus, one might say of an individual who is wearing clothes appearing to suggest that he or she works in a blue-collar job, and perhaps wears a tool-belt which suggests and confirms him/her to be such, that “he is ostensibly a carpenter”.  How does the adverb qualify the noun?   Because we don’t actually know, do we?

By his appearance and the fact that the individual carries around a tool belt which contains, perhaps, a saw, a hammer, a nail gun and other pertinent and revealing instruments indicating what a carpenter would require, we make an assumption that he is “ostensibly” a carpenter.

Now, it would be strange if you were to ask the individual what his profession was, and he confirmed that yes, he was a carpenter, then to state to a friend later on that “Joe is ostensibly a carpenter”, because if you have confirmed that the person “Joe” in reality is a carpenter and there is no longer an assumption, then to apply the word “ostensibly” would be rather odd — unless, of course, you thought that he was lying and that he only wore the tool belt to fool you, or was a half-wit who was engaging in “make believe” that he was a carpenter, etc.

In other contexts, the term “ostensibly” often applies, as well — as when the U.S. Office of Personnel Management denies a Federal Disability Retirement case and makes a multitude of arguments which, in the end, implies that you are merely “ostensibly” disabled (although they will never use the word itself).

For, what OPM is saying in a Federal Disability Retirement case under FERS in denying the Federal employee’s application for Federal or Postal Disability Retirement benefits, is that while you may allege to be disabled or unable to perform one or more of the essential elements of your job, you are actually not disabled.

If that happens, you will need to contact a disability attorney who specializes in Federal Disability Retirement Law; for, you will need more than an attorney who “ostensibly” does Federal Disability Retirement Law — rather, one who is, in reality and in fact, an attorney who specializes in it.

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.

 

FERS Disability Retirement: Ordinariness

That is what most of us are; but at the very beginning, should it be acknowledged, or is it better to puff up the ego when young, and allow for one to engage in the self-delusion of “otherwise”?

There is some comfort to it; yet, we all like to stand out from the rest of the crowd, and certainly, when trying to win the heart of a life-partner (yes, the term used in modernity, as opposed to the antiquated ones such as “spouse”, “husband”, “wife”, etc.), we strive to not be tagged with such a mundane label.  To be “ordinary” is to not be extraordinary.  But therein lies the comfort — of the warmth of being amongst others; as the sheep surrounded by the flock and not the loner out in the pasture, the sure target of wolves and other predatory eyes.

Moreover, when life takes a negative turn, no one wants anything but the yearning for ordinariness.  It is when we equate ordinariness with mediocrity that the sin of self-flagellation sets in.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that filing for Federal Disability Retirement benefits under FERS becomes a necessity, “ordinariness” is something you yearn for — to live the ordinary life without a medical condition; to continue your career in the Federal government; these, and much more, constitute the extraordinary life of the ordinary.

It is all a matter of perspective.  And so there it is: For most of us, being ordinary merely means that we accept our station in life; for in the end, it is the ordinary which runs the engine of society, and even though the Lamborghini may zoom past us, we all get to the same destination no matter in which car — the ordinary or the extraordinary.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law and begin the process of embracing ordinariness, which is the location to where we all want to return.

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 Disability Retirement Law: The Grand Plan

It would certainly be nice if we all possessed one — set in stone, written and accompanied at our birth, mapping out our future and showing each of us what steps to take.  Perhaps, some would interpret such a fantasy as one inviting totalitarianism, and a rebellion would be incited based upon the notion that we all should be entitled to liberty — to have the freedom to choose our own destiny.  Yes, but look where that has gotten us.

The “Grand Plan” — that plan of all plans, the roadmap for our lives, the destiny-setting details already fated without our input; now, who wouldn’t want such a treasure trove?  There are, indeed, some individuals who seem to possess and follow such a map, while the rest of us struggle to “find our way” or to “know what to do”.  The world is full of individuals who fall in the category of “undecideds”.  We refer to them with euphemisms like, “He is a late bloomer”, “She’s taking off a year to get her bearings”, or “He just hasn’t found himself”, etc.

To paraphrase a character from an old movie, “I can’t even figure out how to use the can opener; how am I to know what to do with the rest of my life?”  As an old Chinese proverb states, “The journey of a thousand miles begins with the first step”.  Take life in increments; begin with small projects and build upon them.

For Federal employees and U.S. Postal workers who have encountered medical conditions which have become an impediment to “The Grand Plan”, you may want to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS.

Each of us has a contribution to make; each of us has plans for the future; but when a medical condition necessitates a Federal or Postal employee to alter or modify that “Grand Plan” of a career, you may need to consider Federal Disability Retirement as an added feature of that Grand Plan which never appeared when the birth certificate was first written.

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 Employees Retirement System (FERS) Disability Retirement: What We Don’t Know

Age brings us closer to realizing the truth of Socrate’s refrain: That I really don’t know anything or, more to the point, much of anything.

Youth allows for brashness of arrogance; in middle age, perhaps some slight hesitancy; of getting older, one realizes the extent of or lack, and the vast knowledge which we will never be able to understand.  Most people “wing it” — in other words, act “as if” they have some knowledge, that they possess an “expertise” or some secret to an apparent success attained.

Social Media, Facebook, Instagram — these, of course, mask and hide the inadequacies behind the facade of competency.  Few people nowadays admit to an imperfection, a lack of, an ignorance for, etc.  Thus do we no longer have the Socratic Method where questions are peppered in order to reveal the disguised ignorance which most people walk about with.

But let’s be clear: What we don’t know can, in fact, hurt us, and to fail to acknowledge one’s lack of knowledge can have dire consequences.

For Federal employees and U.S. Postal Service employees who intend on filing for Federal Disability Retirement benefits under FERS, you should take the time to read the case-law which has developed and evolved over many decades, in order to at least understand the underlying issues which can complicate a Federal Disability Retirement application.

Or, contact a Federal lawyer who specializes in Federal Disability Retirement Law and let him inform you of what you don’t know.

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.

 

Office of Personnel Management (OPM) Disability Retirement: Divide and Conquer

Perhaps it is not any one medical condition, alone which prevents the Federal or Postal employee from performing one’s Federal or Postal position; rather, the aggregation and combination of multiple conditions — of depression combined with chronic migraines; or back pain along with panic attacks and severe anxiety, etc. — prevents the Federal or Postal employee from performing all of the essential elements of one’s Federal or Postal position.

The U.S. Office of Personnel Management — the Federal Agency which reviews and makes the decision for an approval or a denial on all Federal Disability Retirement applications — is fully aware of this, but proceeds to divide and isolate each medical condition, minimizing the impact of that specific condition without taking into account the intersecting impact of all other medical conditions, and thereby denies the Federal Disability Retirement application by ignoring the aggregation and combined impact of one’s entirety of health concerns.

This is the age-old military maneuver of divide and conquer — divide and isolate the enemy’s flanks, then attack each individual and isolated division one by one until each are conquered separately and individually.  It is a tactic used by OPM in many cases, and done successfully — until and unless there is a counterattack utilizing and applying OPM laws governing Federal Disability Retirement benefits.

Contact an OPM Lawyer who specializes in Federal Disability Retirement Law, and begin to put together the strategy to counter OPM’s “Divide and Conquer” approach to Federal Disability Retirement Law.

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.

 

FERS Disability Retirement for Federal & Postal Employees: The Port

It is the Roman Stoic, Seneca the Younger, who wrote that, “If a man knows not to which port he sails, no wind is favorable”.  It is, in the end, the essence of Stoicism — of living life without complaint and without being impacted by the hardships of the objective world, all the while clinging to a path of virtue unfettered by worldly concerns.  That is why the quote above — of the internal “self” in contrast to the metaphor of the objective world: the winds which guide the ships — encapsulates the essence of the philosophy of Stoicism.

In modernity, it matters little from whence the winds come, for we engineer our own direction through engines and mechanical devices which propel the marine vessel by the power of our own creation.  But of that time when ships relied exclusively upon the breath of gods that blew the winds which filled the sails — it was a time when we relied heavily upon the favor of fate and nature’s appeasement.  Yet, even today, whether by the propulsion of machines invented or reliance upon prayers of guidance, no wind is favorable until and unless a person knows where he or she wants to go.

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 his or her position, it is important to make a determination as to “where” one plans on going before determining the “how” of the approach.  If a medical condition has clearly begun to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, then where one must “go” becomes clearer: You cannot continue to stay at the job precisely because the medical condition prevents you from doing so; and so FERS Disability Retirement becomes the option by default.

The next question, then, is the “how”, as in — How does one get from point A to destination B?  Consult with an attorney to discuss the further particulars of your case; for, in the end, whether you believe in the philosophical tenets of Stoicism or not, once you realize the port to which you wish to sail, you need the favorable winds of counsel from an attorney who specializes in Federal Disability Retirement Law in order to help guide the sails of your journey.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The infinite we seek

What is it about the things which defy limit; endless and vast beyond our capacity to comprehend, and yet we cling to concepts that cannot possibly be embraced precisely because the finite cannot delimit the infinite; for, to do so is a contradiction in terms?  Does language capture the infinite?  By knowing its definition, is there anything beyond being able to cite the description of the concept?  Why is it that some concepts are denied comprehension even though we can, by rote memory or simply by looking it up on our Smartphone and regurgitating that which someone else has written, describe and delineate?

Say, for instance, a lay person asks a Cardiac Specialist what is involved in a heart transplant, and Doctor X explains to Information-Seeker-Y the process of how the body is opened up, the various veins, ventricles, etc., snipped here and severed there, and what the dangers are, the risks posed, etc.  At the end of the explanation, we somehow feel satisfied that we have been informed of a procedure which we have never experienced, likely never witnessed and certainly will never undertake — yet, we believe we “understand’ the process.

Similarly, can a blind man who can explain the complete process involved in flying a plane say that he “understands” it fully?  And what is the fine print involved in “fully” as opposed to “partially”?  Yet, if we give the definition of “the infinite” as involving X, Y and Z, and “fully” delineate and explain the conceptual apparatus that makes up our understanding of it, nevertheless, in the end we are allowed to say, “But no one really understands what the infinite is, because we are finite beings.”

That is partially the brilliance of Anselm’s Ontological argument — of defining the infinite as “That than which nothing greater can be thought of” — a jumble of confusing words which seemingly bifurcates the finite from the infinite, but juxtaposes them in an aggregation which makes it seem like it makes sense.  In the end, it is best to know one’s own limitations and, by doing that, at least we can possess the knowledge that humility leads to greater wisdom through finite means of grasping the infinite.

For Federal employees and U.S. Postal workers who recognize the enormity of the process of filing for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, it is best to understand that the “infinite” — as defined as that which is limitless, endless and beyond measurability — can be applied to a bureaucratic process that involves multiple layers of incomprehensible complexities.

The infinite is a conundrum; the Federal process of preparing, formulating and filing for Federal Disability Retirement benefits is analogous to the infinite.  As such, it is wise to seek the counsel and advise of someone who specializes in Federal Disability Retirement Law — of a being who is that than which nothing legally can be thought of (i.e., an attorney who exclusively handles only Federal Disability Retirement cases).

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation for OPM Disability Claims: Preparations

Would you hold a dinner party without preparing?  Or attend an important meeting, host a regal gathering of accomplished celebrities or go camping in the wilds of winter’s ferocity — without making adequate preparations?

The elaborate extent of such preparations is often correlated with the importance, significance, relevance and complexity of the issue at hand, the engagement to be embraced or the event to be held.  Preparations are a vital component to the successful engagement of whatever one undertakes, and lack of it often guarantees a result of negative returns.

How does one prepare for the preparation, formulation and filing of 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?  Does one go out and ask the Human Resource Department of one’s agency, and thereby put to the winds which carry gossip about the Agency and allow the gods of the underworld to disseminate the implication that “X is filing for disability retirement”?  Do you dare test the oft-told adage in the Federal Government that “confidentiality begins with the Human Resource Office of one’s agency — and likewise, ends there”?

Or, perhaps “preparation” is merely of the ad hoc sort — of downloading the various forms (SF 3107, Application for Immediate Retirement, and SF 3112A, Applicant’s Statement of Disability, at a minimum) and beginning to fill them out, and somehow sifting through the multiple instructions and packaging a Federal Disability Retirement application?

Preparation for the initiation of any worthwhile endeavor should, at a minimum, involve seeking some advice from an “expert”, and in preparing, formulating and filing a Federal Disability Retirement application, to be ultimately filed with and decided by the U.S. Office of Personnel Management, consultation with an experienced attorney who specializes in Federal Disability Retirement Law should be a minimal step in such an important and consequential process.

Sincerely,

Robert R. McGill, Esquire