Tag Archives: should I get a usps workers comp lawyer or an opm postal attorney

FERS Disability Retirement from OPM: Present Living

If the quality of present living makes a person less than satisfied, it often exacerbates memories of the past and hope for the future.  Human beings live within the spectrum of time past, present living and future hope.

The key to a successful life is thus to balance the three such that neither the past, nor the future, dominates the present.  For, the past is that which can haunt, in a quagmire of paralyzing memories; the future, an impediment by anxious insomnia; and how we live in the current manner of existence will impact upon both the past and the future.

Perhaps this is too obvious a concept to even discuss.  And yet, so many people around the globe allow for the quagmire of past memories and anxiety for future uncertainties to dominate, control, and ultimately — to destroy.  “Present living” includes all that we encounter — of diet; of exercise; of relationships enjoyed; of a family constituted; of governing the traumatic events of the past and setting realistic goals for the future.

The key, again, is in the “present”; the doors to lock and open only upon necessity and joyful pleasures, concern the past; and of the future, planning is crucial, with present steps taken in order to ensure success.

For Federal employees and U.S. Postal workers who presently 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 current Federal or Postal job, it is the “present” living which has become an impediment, perhaps from past conditions which have now manifested themselves with chronic and debilitating medical conditions, and it is the future which has become of concern.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider whether it is time to presently prepare, formulate and file an effective Federal Disability Retirement application under the FERS system, through the U.S. Office of Personnel Management, in order to put the past behind, and plan for the future.

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 Retirement from OPM: Grasping at Straws

The etymology of the phrase comes either from Thomas More’s work, Dialogue of Comfort Against Tribulation (1534), or from a later work by Samuel Richardson — a novel entitled, Clarissa (1748).

The idiom itself is perhaps misinterpreted, as we think of “straws” as that plastic contraption (or, more recently, that environmentally-friendly one made of paper which begins to disintegrate the moment you take your first sip) created as a thin tube for soft drinks and the like.

“Straws”, in older times, however, refers to thin reeds which grow by the side of a river, and a man who is drowning may futilely grasps at such thin reeds in an attempt to save himself.  In today’s world, the idiom may imply an act or decision-making process, usually in a state of desperation, without sufficient knowledge or data, leading one to “grasp at straws” — entities which will not help you out of your state of desperation.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to perform all of the essential elements of your job, there is often a sense of “grasping at straws” as you flail about trying to retain the shambles of your career.

Conversely, the idiom may also apply at some of the illogical reasonings given by the U.S. Office of Personnel Management in denying a Federal Disability Retirement case — of “grasping at straws” to find a basis for denying a FERS Medical Retirement case.

In either case, it is important to contact a disability attorney who specializes in OPM Disability Retirement Law, and begin the process of grabbing onto the substantive basis of a Federal Disability Retirement case, and not allow for the futility of grasping at any straws along a fictional river where desperation should be left to myths, fairytales and idioms of old proverbs.

Sincerely,

Robert R. McGill
Lawyer specializing exclusively in Federal Disability Retirement Law

 

OPM Disability Retirement for Federal Employees: The Stresses of Life

And there are many.  Whether the mere acknowledgement of their existence helps to reduce the level, quantity and qualitative impact, is of course an unknown factor.  Psychology is not a perfect science — if in fact it is a science at all — and “talk therapy” may not be the course of efficacious betterment for everyone at all times and in all circumstances.

We were all told that life would get better if: If the world became more “connected”; If new drugs were discovered to control our stresses and anxieties; If a certain standard of living were to be achieved; If …. Yet, somehow, despite all of the technological advancements which have been made, of “time-saving” devices and gadgets which enhanced our capabilities to become more productive — somehow, the stresses of life seem to exponentially compound our problems.

For Federal employees and U.S. Postal workers who suffer from a medical condition — perhaps with an identifiable onset from the stresses of life — Federal Disability Retirement may be an option to consider.

Consult with an OPM Disability Lawyer who specializes in FERS Disability Retirement Law, and begin the process of shedding yourself of at least one of the unwanted stresses of life: Dealing with the U.S. Office of Personnel Management in trying to obtain an approval of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Picture We Want to See

Most of us think that we are the opposite of the designated, “Photogenic Individual”.  Setting aside those who crave to be in every picture (including the egomaniacal and perversely pervasive “selfies” which are posted daily and minute-by-minute), the picture we want to see, the photograph we would care to share and the image we would want to be presented to friends, family, third parties and others — they are rarely captured accurately, or at least to our satisfaction of how we see ourselves compared with “what” or “who” we see captured within the confined borders of an image depicted.

Similarly, we all hold an image of who we are within the framework of our own egos — whether of a successful individual or a failure; of self-confidence or lacking in great measure thereof; and of the little boy or girl we remember, before entering into the harsh reality of the world at large, with a past and background of security or insecurity, with loving parents or of cold, dispassionate and distant fathers and mothers; in the end, the picture we want to see is often at odds with the ones we actually hold on to.

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, perhaps filing for disability retirement benefits under FERS is not the picture “we want to see”, but rather, is the picture depicted and represents the reality of what we must see.

No one wants to see the picture — and least of all the Federal or Postal employee who suffers from a medical condition necessitating Federal Disability Retirement benefits.  However, it is often the picture which we least want to see that represents the reality which we must see, and that is what consulting with an OPM Disability Attorney who specializes in Federal Employee Disability Retirement Law is there for: To paint an objective picture which depicts as accurately as possible whether you qualify for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Art of the Story

There is the subject itself, and then there is the art of the subject thus identified.  At some point in every civilization, the academic study of a subject becomes pedantically necessary, and a “cottage” industry developed.

Once upon a time, the “story” was an important and inseparable component of a culture; the storyteller was the keeper of the village’s identity, the protector of its essence where mythology and folklore provided meaning, relevance and its self-knowledge of who one was, where one came from, and what the whole purpose of existence meant.  Without The Story, people wandered off despondent, lost, and without a teleological force to hold the unit of peoples together within a coherent whole.

Then, writing came along and as the technological tools of the craft disseminated to other and wider cultural arenas, the shared ideas and adventures of each culture became better known, and assimilated by each over and within others.  The “Art” of the story became the study of it — of what constituted an effective story; what made people laugh, cry, and the erudite articles that explained that which was once obvious and self-evident.  Categorization and specialization soon follows; whether as it becomes more sophisticated or intellectually advanced as a reflection of it, or merely because complexity follows upon a self-satisfaction of what we deem as “progress”, who will ever know?

The “Art” of the story somehow came into being — of the study of a once human need began around a campfire where a village told of its origins, now relegated to the halls of academic “science” where dissection, analysis and discussions ensue.

For Federal employees and U.S. Postal workers who have a “story” about a medical condition that is beginning to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the Art of the Story becomes a necessary form of application, because SF 3112A —Applicant’s Statement of Disability — requires not only the telling of one’s story about the medical condition, the impact upon one’s ability and capacity to perform one’s job duties, and how it has dominated all aspects of one’s professional and personal life, but beyond: it must comply with and meet the legal eligibility criteria by a preponderance of the evidence, thus forcing the Federal and Postal employee to go beyond the story itself, and to be fully aware that the Art of the Story has more to do with the proper and effective presentation of it, than the story itself.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: The shaken confidence

Tree limbs can be shaken; hands can shake, evidencing some agreement or initial salutation of a wordless sort, or even accompanied by some utterances; and the earth can shake as the subterranean tectonic shifts invisible and otherwise unnoticed, which then can result in tsunamis and other natural disasters.

The shaken confidence can take many forms; and the forms themselves cannot so easily be identified.  It presumes, first of all, that there was “confidence” to begin with, lest that which is shaken could not possibly have occurred unless it preexisted the loss of it.  Yet, too often, the evidence of its very existence is merely the lack of any contrary characteristic — i.e., a negation that fails to manifest existence and thus cannot actually be proven.  Of a person who walks about without any noticeable trace of lack — do we say of him or her, “He has confidence’?  Or is it just the one who has an overabundance of it, who struts around like a proud peacock or a rooster who takes no guff of whom we attribute “overconfidence’?

In normal discourse we just assume that, unless there are indications to the contrary, everyone who stands and walks amidst and among us possess some level of “confidence” or, in more particularized form, of “self-confidence”.  What are the events or issues that “shake” it, and what can an attribution of such an event mean?  Perhaps it is triggered by some tragic source — a trauma of a very personal nature, of death or an accident, perhaps; or can it be by mere utterance of words, of a berating boss or an insensitive spouse?  Or, how about a realization that one’s presumed immortality is simply not so?

None of us believe in immortality — at least, not in the sense that we will live forever walking about this earth.  Yet, until an event “reminds” us of our mortality, we take it for granted that life goes on as the day before, and the day before that; and so the concept of immortality resides by avoidance or ignorance, until something “reminds” us that, indeed, mortality is the nature of life, and flesh is by each instance and in incremental subtlety progressively deteriorating within the microscopic cells of slow degeneration.  And of a medical condition — can it be the source of the shaken confidence?

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 — the shaken confidence resulting from the progressively deteriorating medical condition is just as real as the earth that trembles and groans from tectonic shifts that moves and crumbles the structural integrity of high engineering feats.

Federal Disability Retirement is often not a choice made in confidence, but from a lack thereof; for, a medical condition cannot be viewed within a vacuum of a mere diagnosis that can be surgically extracted; rather, a medical condition is a sequence of aggregated tragedies — of the medical condition itself; the symptoms which result; the impact upon one’s personal and professional life; of the effect upon family and friends; of the triggers upon one’s psyche as well as the physical pain and mental anguish experienced.

In short, the shaken confidence of the one who used to walk about the earth as if you owned it, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is simply the first step in regaining that “shaken confidence” that was once a day before in a time now long forgotten presumed to have always been there.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Life can change in a day

A wise person once quipped that, If you don’t like the weather in this area, wait a day and it’ll come around.  The greater meaning of such a kernel of wisdom, of course, is that it is a microcosm of a wider reflection concerning life itself; wait long enough – sometimes a week, a month, a year, or a few years – and circumstance have a tendency to alter the course of one’s life and therefore one’s perspective.

Life can, indeed, change in a day; one day, you are happily drifting along, believing that nothing could be better; and the next, a calamity ensues, the human experience becomes a “topsy-turvy” matter and suddenly sours upon the smiling demeanor we carried just a moment before.

Or, one may begin the day in a negative and foul mood, but something changes, alters, moderates and impacts, and we come home despite the turmoil of work and daily problems with a smile on our face, and when asked “what is wrong?” (as opposed to, “What is right?”), we smile distantly and refer to the sunshine, the weather, the flower smelled on the road home, or that Frost-like metaphor of having taken the road less traveled on the way there.

Or, perhaps it is the simple recognition that there is more to life than one’s own narrow perspective, that suddenly creates the change in the day of one’s life.

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 positional duties as assigned, the idea that life can change in a day is as real as the sun rises and is expected to rise.

The process of filing a Federal Disability Retirement application is a long, complex and bureaucratically difficult process, and often the process itself can be a defeating proposition as one awaits for a positive decision.  A denial from the U.S. Office of Personnel Management can have a devastating impact, and a second denial at the Reconsideration Stage can have a further deleterious effect.

With each decision, life can “change” in a day.

On the other hand, an approval effectuated from OPM can also have that same effect – of a change in one’s life, all in a day.  That is the ultimate goal – change, but in a “positive” sense; for, to remain static is to become an inert substance, and life, if anything, is a continuum of constant flux and change, like the weather that can never be correctly forecasted, and the life that can never be accurately predicted.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Reversal of Fortune

Life itself rarely reflects a steady, linear progression on a graph; the zig-zagging representing times of economic turmoil more accurately profiles a person’s span of existence.  Moreover, one’s career is not necessarily the essence or paradigm of a given life’s experience; there are multiple factors, including emotional, births and deaths, marriages and medical conditions.  How does one quantify an experience?

The methodology we seek is often purely in monetary parallelism:  if one receives pay raises and cash rewards, then one’s career is considered to be on an upward trajectory; if one gets a reduction in salary (with or without a concomitant demotion in position), then the loss of linear progression is deemed a failure of sorts.  But like marriages, and life itself, careers never merely reveal a positive path of progressive purity; ask Elizabeth Taylor, who skews every statistical analysis of marriages and divorces.  And then, of course, there is the interruptive influence of a medical condition.

For Federal employees and U.S. Postal workers, the daunting doldrums of a medical disability reveals many things not reflected on a graph of life:  the bother; the interruption of a career; the fear imposed; the dealings with coworkers; the reaction of the agency or Postal Service; the need for surgical and other procedures; a whole host of activities not previously contemplated.

For the Federal and Postal employee who finds that a medical condition begins to prevent one from performing one or more of the essential elements of one’s job, consideration then needs to be given for filing with the U.S. Office of Personnel Management, whether one is under FERS or CSRS, or CSRS Offset, of an effective Federal Disability Retirement application.

Yes, unfairness is a characteristic of life not reflected in the graph of microeconomics; yes, sometimes experience teaches us that the proverbial cards are stacked against us; and yes, reversals of fortune constitute a reality rarely taught in classroom social studies.  But as life’s experience is never accurately or fully represented by mere lines and numerical paradigms, so a biography of a historical figure can never be captured, as fortunes and reversals thereof can never embrace the complexity of human folly.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: Life’s Scarring

It builds through repetition of wounding, or because it is deep, jagged, or otherwise unable to repair through normal processes of cellular regeneration.  It remains a mark of a person; over time, fading through exposure to sunlight, disappearance of discoloration, and the slow erasure of the damage done through the healing process of the linear course of a lifetime, may allow for one to forget.

Traumas, medical conditions and chronic maladies takes time to heal, and time is the commodity which society relishes, values, and measures by the worth of productivity.  It is that segment of immeasurable continuity which determines the markings of a lifetime’s work; like prehistoric epochs which we name in order to neatly fit in the existence of dinosaurs and their disappearance through volcanic and meteoric catastrophes, we bifurcate the unconquerable continuum with significations of memorable moments in time.

Medical conditions and their disruptions to lives require time for healing; and whether it is the impact of psychiatric conditions upon one’s psyche and soul, or the physical manifestation of a chronic illness or injury, that commodity of value in the world of economics remains unsympathetically beyond the reach of most.

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 the Federal or Postal job, the acquisition of time becomes ever more important and critical as one awaits the winding morass of a Federal Disability Retirement application through the bureaucratic maze of the U.S. Office of Personnel Management.

Bureaucracies grind forward as if time is nonexistent; but all the while, life must continue to flow, as rivers unfettered by dams and natural obstacles, the course of life cannot be interrupted by mere tragedies of fate.  The problem is, of course, that the rest of the Federal bureaucracy — agencies, coworkers, supervisors, managers, etc. — does not have the patience to wait upon Federal and Postal employees during a daunting administrative process in which it is already known that, if successful, the Federal or Postal employee will be leaving the agency or the U.S. Postal Service.

So, what is the reaction during this administrative process?  Sometimes, it results in an administrative separation; more often than not, to simply allow the Federal or Postal employee to remain on LWOP and remain forgotten, lost in the maze of time immemorial.

In the end, it is life’s scarring which remains; how one has been treated; whether the burns of fate scorched upon flesh or memory were deliberate or through an uncaring indifference. No matter; as life’s scarring is like an organic monument of one’s test of endurance, so the manner in which one approaches the wound will determine the character of an individual.

Sincerely,

Robert R. McGill, Esquire