Office of Personnel Management (OPM) Disability Retirement: Sufficiency

There is always a measure of subjectivity involved, of course.  Following the Council of Trent, the issues which prevailed as a response to the Protestant Reformation involved Church doctrine and clarifications needed concerning issues involving “sufficiency” of grace, whether the human will could engage in acts of the “Good” without it, and so many other interesting minutiae of proper wording which is now irrelevant in this postmodern era.

What is sufficient; what qualitative or quantitative determinations meet that criteria; is there an objective set of rules and regulations requiring sufficiency, and how is it determined to have been met?

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, “sufficiency” of information is a critical criteria to be met in every Federal Disability Retirement case.

There has been no “Council of Trent” to clarify what would meet the U.S. Office of Personnel Management’s criteria for what constitutes sufficiency of medical and other information; although, there have certainly been many “edicts” issued, both by OPM and the Federal Courts, as well as by the U.S. Merit Systems Protection Board (the “MSPB”).

What is sufficient; how is it determined; who decides on the issue; what can be done to meet the criteria — these are all questions which can differ from case-to-case because of the inherent uniqueness of each case.

Contact an OPM Lawyer who specializes in Federal Disability Retirement benefits and avoid the proclamations issued concerning heresies and violations of doctrinal clarifications, whether by the Council of Trent or by the U.S. Office of Personnel Management.

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: King for a Day

We have all had that sense of triumphant euphoria, where all of the complex and disparate components of life’s makeup somehow coalesce into a coordinated bundle of seamless and effortless symphony; where life is great; your plans and dreams are bearing fruit; restorative rest has been attained; friends and family have resolved their differences; and at least for a day, you are the King.

But such a state of perfection never lasts beyond that day; and tomorrow brings problems, difficulties, contradictions and conflicts; for the secret of life itself is that ever since the fall of Adam, or of any tale of the origins of Paleolithic beginnings — the original sin of life never dissipated.

The frailty of the body; the fragile makeup of the mind; the emotional turmoil experienced daily by the stresses of a world gone berserk with technology and the cold, unfeeling environment of the human workplace; these, and more, tell the story not of kings and lords, but of pawns and sacrificial lambs.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to remain a King — even for a day — it is time to consider filing for Federal Disability Retirement benefits under FERSChronic medical conditions which impact a Federal or Postal employee’s ability and capacity to continue in their chosen careers present an even greater challenge: Of the loss of any hope for betterment until health itself becomes a prioritized activity to pursue.

Contact a Federal Lawyer who specializes in OPM Disability Retirement Law and consider whether or not the loss of being the King for a Day is worth the price of continuing in a career which is no longer tenable.

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 Benefits for Federal Employees: Building

We pass by them every day; as a noun, it remains a structure of immoveable proportions.  As with most things, it begins with a foundation, and the action of construction then ensues with a systematic plan which involves mathematical calculations, engineering acumen and architectural design.

It is more an art form than a perfected science.  The “form” is already in existence in the mind of the builder; the “substance” of it is a mixture of raw materials — of concrete, wood, brick and mortar; and the design is left up to the creativity of symbolisms and cultural historicity.

Building a FERS Disability Retirement case is not much different.  It must also involve a foundation; then, upon that foundation is built the arguments based upon legal precedent, logic, analytical posits and ultimate conclusions to be reached: an approval of one’s Federal Disability Retirement case from the U.S. Office of Personnel Management.

Contact a FERS Disability Attorney who specializes in OPM Disability Retirement Law, and begin the building of one’s Federal Disability Retirement Case by hiring a lawyer who specializes in Federal Disability Retirement Law — the “Architect” of the building.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Disability Retirement: The Award of Not

People today receive accolades for all sorts of things — including, just for being “normal”.  The “Father of the Year” award is given to an individual for just doing what he is supposed to be doing.  A return of a lost item of personal value, or a wallet found in the parking lot — we are all amazed at such honesty.  The term “hero” is bandied about loosely, and applies to everyone and anyone who does what he or she is supposed to be doing.

The ordinary has become the extraordinary, and the negation of a negative is seen as a positive (of course, we all did learn in fundamental mathematics that two negatives = a positive, so to that extent, it is correct).

Performance reviews, too, are given high ratings, even when a Federal or Postal employee is barely making it.  In a Federal Disability Retirement case, this is often argued by the U.S. Office of Personnel Management as a negative when applying for Federal Disability Retirement benefits.  Here, the Award of Not can be a detriment.

How to counter it?  By establishing the medical incompatibility between one’s medical condition and the essential elements of one’s Federal or Postal position.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and learn how the Award of Not can be accepted without being made out to be a hero one is not.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: The Wishes We Wish

People wish all the time.  Whether implicitly through fantasy or daydreaming, or explicitly by prefacing the thought with, “I wish that…” — the wishes we wish are often more revealing than the act of wishing itself.

Are humans the only species which projects upon things not possessed?  Do other species wish for things, circumstances, events and relationships that are not?  Does it border upon insanity to wish for things that are clearly outside of the realm of probabilities, or is it a healthy engagement of one’s time to daydream, wish, imagine and hope for?

Is there a distinction with a difference between a wish and a hope, a fantasy and a wandering daydream, or between a concocted reality and the miserable circumstances within which one exists?  If the difference is between containing one’s wishes within the privacy of one’s mind — on the one hand — and “acting as if” the wish itself is reality, on the other, then the boundary between sanity and its opposite is thin indeed.

Here’s something that tells us much about ourselves: Do we wish for things for ourselves, or for others?  Do we wish for extravagances — like a yacht, a vacation or a revitalization of a lost relationship — or something more mundane, like good health?

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 job, the wishes we wish may be common, understandable and mundane — of getting one’s health back.  And while Federal Disability Retirement may not result in better health, it allows for a Federal or Postal employee to extricate one’s self from a workplace situation that only increases the stresses upon one’s health because of the constant worry about being unable to perform the work assigned, and to instead focus upon one’s health and well-being.

In the end, the wishes we wish need to conform to the reality we find ourselves in, and for Federal employees and U.S. Postal workers who need to file for Federal Employee Disability Retirement, you should contact a Federal Disability Lawyer who specializes in FERS Disability Retirement Law and allow for some wishes to turn into a reality.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Stress of the Moment

From a distance, we can all handle stress.  It is that time and removal from the moment that makes all of the difference, is it not?  Afterwards — after the explosive anger, the sudden quietude or the paralyzing fear — we reflect and wonder as to what created such a stressful reaction.  Or, years later, one may recall that it was a moment of “something”, but rarely remember the exact details as to what prompted or triggered it.  It is often the combination of multitudes of factors: Too little sleep; overworked; a sense of isolation; a feeling that no one around you really cares, etc.

Then, when a medical condition enters upon the scene, all other factors tend to become exaggerated, magnified and exacerbated.  One’s health and deteriorating medical condition always adds to the stress.  It is like the old adage about a fish not realizing that it is swimming in water; when we have our health, we barely recognize it; when we lose it, it becomes the focal animus of our daily lives.  Without our health, there is no “stress of the moment”; rather, every moment is a stressful experience.

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 time to consider filing an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, in order to reverse the course taken — that of going back to experiencing the stress of the moment, as opposed to living a life of unending, unendurable and eternal stresses throughout each and every waking moment.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Carefree Life

Is there such a thing, or is it a fiction, a mirage, a fantasy of those who create mythologies old and new — like the Utopia of some ancient history or of immortality in a netherworld of paradise’s dream?

To live is to care; to have a carefree life is therefore to die.  The incompatibility of the two concepts coexisting is intuitively clear; but the oxymorons we create are often as a result of dreams and goals expressed out of frustration from the overwhelming nature of those cares which confront us.

Life is a series of “cares”; to be free of them is to be free of life itself; and as living means that the human drama of interacting, helping, engaging in conflict and facing daily trials and all that constitutes the “stuff” that life is made up of, so it is the one who engages it successfully, who is able to maneuver through the complexities of such messes we make of it — that is the closest we can come to in becoming “care-free”.

There are those few who, perhaps, are able to escape a good part of the daily cares of life; but then the unexpected happens, such as a medical condition which one has no control over.

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, it may be time to modify the types and numbers of the “cares” that you are confronted with.

No, there never was or is a carefree life; but obtaining a Federal Disability Retirement may at least allow for the Federal or Postal worker to at least focus your attention upon the cares which matter most — that of health.

Consult with an attorney who specializes in Federal Disability Retirement Law today and consider preparing an effective OPM Disability Retirement application through the U.S. Office of Personnel Management in order to come closer to that mythological paradise of the non-existent, carefree life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Poet’s Choice

What is it about poets that so many die young?  There are various studies “out there” (just Google it!) which reveal that the suicide rate amongst poets is significantly higher than in other professions.  The emotional tragedian — of the person who views the world through a lens of subjective creativity yearning for romanticism in a reality of harsh ugliness — is a person who cannot fathom the contrasting loss of beauty.

Is there, within the profession of a poet, those who engage the traditional iambic pentameter as opposed to some formless, free-flowing approach (i.e., E.E. Cummings?) where the statistical significance varies?  Or is it indiscriminately indifferent across the board?  Is it because constant rumination within a subjective universe of human thought leads to greater mental instability, or is it something more fundamental and elementary— like the frustration of trying to find the “perfect word” to rhyme?

Do poets search for rhyming words like the rest of us do?  You know — where, for example, take the word “fought” and then in our minds we go down the list of the alphabet — bought, caught, (skip D, overlook E because it is a vowel; “fought” we ignore because we just used it; got, hot, skip I, etc.) — or does the word naturally flow for the poet?  In the end, is it rumination which leads to a state of being distraught, or the realization that the art of poetry cannot be reconciled with the chaos of this universe?

For Federal employees and U.S. Postal workers who have realized that a medical condition will not go away, and where the poet’s choice of words to describe the frustration in dealing with one’s job, career and inability in reconciling the medical condition with continuation in the Federal or Postal career cannot be grasped, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Most of us realize that poetry exists not amongst people, but within the ethereal universe of hopes and dreams, and when a medical condition jolts us into the realization that beauty resides not in a job or a career, but in the human relationships we form over a lifetime, then we also come to understand that health is more important than a Federal job or Postal career.

Consult with an experienced attorney who specializes in Federal Disability Retirement Law and focus upon the beauty of health, and not the poet’s choice of despair.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Kettle’s Whistle

Why do we invent such irritating devices?  When the jarring whistle of the kettle’s boil screeches to gain our attention, is it precisely for that reason — in order to remind us that there is water boiling, that a fire or burner is causing it, and that you cannot just leave it like allowing for the needle on a record-player to turn endlessly upon a music-less disc with soft scratches upon a rotation that is going nowhere (ah, those days when music was truly enjoyed!).

Are noises created to always reflect the reality of its source?  Does the sound of the waives match the soft lapping of the ocean’s beauty, just as the raging storm’s fury mirrors the torrent of rain and thunder?  When first a child hears the sound of a distant train, and only later sees the monstrosity that forms the engine and the caboose, does he or she reflect, “Well, that certainly didn’t turn out to be what I thought” —? Similarly, does pain match the warning of a body’s injury?  Does a voice that sounds purring parallel the gruffness of a wrestler’s weight?

If the kettle’s whistle is meant to irritate and to alarm, it is doing its job; and the kettle that fails to so whistle is one that has lost its purpose and utility, even though it still boils as well as the next one purchased in replacement of the one which lost its capacity to irritate.

Medical conditions are like that, as well — of the capacity to alarm, to trigger warnings, to possess a reason thereof.  We resist it; of the voice that says that change needs to be forthcoming.

For Federal employees and U.S. Postal employees 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 his or her Federal or Postal job, it may be that the kettle’s whistle is warning of an impending need — of a change.

Getting up, taking the kettle off of the burner and stopping the whistle is akin to preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management under FERS: For, in the end, the kettle’s whistle is merely the warning we needed, prompting us to act when all around us are indicators that what once was can no longer be.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Deviating and adapting

How does one deviate or adapt, if one is approaching something anew?

Such concepts as modifying or altering a methodology presumes that one has encountered the process before, and thus it stands to reason that a person who has never previously experienced something before can hardly be expected to provide new insights when the experience itself is new to the individual.  That is why we often refer to a person’s ability and capacity to “think on his or her feet” — meaning, to quickly encompass and adapt to new and fluid circumstances, despite a lack of familiarity with an onslaught of speedy changes.

Deviating, of course, can be a negative component, in that it may imply altering from a true-and-tested course of action, and unless one is certain of one’s confidence in a new path taken, there may ensue disastrous consequences when following a rebellious path that can lead to the unknown.  Many a trailblazer who knew not the way of the unbeaten path have perished by starvation or thirst.

On the other hand, we consider the capacity and ability of “adapting” to be a positive characteristic, in that it implies a characteristic of being able to respond to external circumstances that are changing, and requires a willingness to bend with the winds of change.

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 employee from performing one or more of the essential elements of one’s Federal or Postal job, the dual concept of deviating and adapting comes to the fore precisely because of the need to change — both on the Agency/Postal Service’s side, as well as from the perspective of the Federal or Postal employee.

For the Federal Agency or the Postal Service, the issue of deviating and adapting comes about in terms of “accommodation” — for, it is necessary for the Federal Agency and the Postal Service, by force of law, to “deviate” from the former ways of behaving, and to “adapt” to the medical conditions and changes that the Federal or Postal employee is undergoing.

From the viewpoint of the Federal or Postal employee, deviating and adapting may encompass a wide range of issues in terms of accommodations — whether the situation and conditions posed are temporary or permanent by nature; whether the medical conditions suffered are able to be accommodated at all, either temporarily or permanently; and whether attendance is an issue; of how much SL must be taken; of FMLA issues and extensions of LWOP beyond, etc.

In the end, deviating and adapting from the “norm” may not be possible, in which case 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, may become necessary.

For all Federal and Postal employees, what is important to remember is that suffering from a progressively deteriorating medical condition will require deviating and adapting, and that may include the need to have expert legal guidance by an attorney who has previously had the experience in preparing an effective Federal Disability Retirement application so that any and all deviations and adaptations can be initiated from the perspective of previous experience, and not as a trailblazer off of the beaten path where getting lost in the complexities of Federal Disability Retirement Laws can lead to disastrous results.

Sincerely,

Robert R. McGill, Esquire