FERS Employee Disability Retirement: Secondary Causation

Can a Federal or Postal employee obtain an approval from the U.S. Office of Personnel Management, of a Federal OPM Disability Retirement benefit under FERS, for secondary-causation conditions?

Cancer is a prime example — for, it is most often NOT the cancer itself which debilitates a person, but rather, the secondary causation: The residual effects and after-effects of Chemotherapy and/or Radiation therapy, resulting in numbness, neuropathic pain, cognitive dysfunctions, memory loss, inability to focus or concentrate — the compendium of secondarily caused impact originating from the necessary treatment of the primary cause.

Thus, the mistake that many Federal and Postal employees make in presenting a Federal Disability Retirement application under FERS to the U.S. Office of Personnel Management, is in the characterization of one’s medical condition.  Secondary Causation cases can be tricky, and how it is presented makes all of the difference.

Contact a FERS Attorney who specializes in Federal and Postal Disability Retirement Law and see whether or not you qualify based upon a secondary causation condition.

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.

 

Federal Disability Retirement: Silence of the Unasked Question

If we don’t ask, we will never know.  Are some questions better left unasked?  In life, is it better to keep your head stuck in the sand and living in ignorance than to know what may come one’s way?  Do we say to the child who is constantly curious, “Shush. Better not to know how things work”?

Fear of the unknown is often the basis of silence; and silence of the unasked question is that pause which reverberates within with trembling hesitation, but where holding one’s breath merely extends the agony of the silence and never resolves the fear.

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 duties, silence often becomes the norm; leaving aside the unasked question is the pathway to comfort, except for the fact that medical conditions never go away.

Contact an OPM Federal Disability Retirement Lawyer and break the silence of the unasked question.  It is a free initial consultation, so what have you got to lose — except to break the silence of the unasked question?

Sincerely,

Robert R. McGill, Lawyer

 

Long Term Disability Federal & Postal Employees: Different Arguments

OPM will often make different and multiple arguments in denying a Federal Disability Retirement case.  Sometimes, they will make a single, or double argument; at others, it will appear as if a shotgun blast has been expelled in your direction.

Do you need to argue each and every point?  Each and every sub-paragraph?  Likely not.

Most of the arguments are merely different in their surface; the different arguments can be categorized under general headings, such as, “Insufficient medical evidence” or “lack of service deficiencies” — the two main categories which OPM focuses upon, in addition to a third, “No accommodations requested or provided”.

By categorizing the different arguments under a more generic and manageable major category, you can then begin to address the concerns expressed by OPM.  Better yet, contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and begin the process of rebutting the different arguments of OPM.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Internal Order, External Chaos

Whether the cult of Marie Kondo will last beyond a faddish response and 15 minutes of fame, only time will tell.

Japanese minimalism lends itself to making order out of chaos by discarding unnecessary clutter in one’s life.  The key word here is, of course, “unnecessary”, and how we categorized which items in our homes and offices to keep, and to what extent external chaos impacts one’s internal sense of order in this universe.

Does organizing everything in one’s home and office lead to greater internal calm and peace?  Does a person who has an overstuffed bookshelf — with books “arranged” in every which way upon a shelf, with no apparent order in the categorization of titles possessed — reflect a manner of internal chaos?

Conversely, does a person who appears to posses a sense of internal peace and order necessarily have a home and office which reflects that apparent order and peace?  Does the interior world of a person necessarily indicate the exterior state of one’s life?

For Federal employees and U.S. Postal workers who suffer from a medical condition that impacts his or her ability and capacity to continue in the Federal or Postal career of choice, the chaos of a medical condition — whether of an “external”, physical condition or of an “internal” psychiatric break down — should lead to a consideration in filing for Federal Disability Retirement benefits under FERS.

Consult with a Federal Disability Lawyer who specializes in FERS Disability Retirement Law, and consider whether or not the order of the day through proper representation by legal counsel might be the best course of action for both internal order as well as external competence in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Conflict of Priorities

It happens within friendships, within marriages; within all interactions of relationships, where contending forces of wants, desires, needs and goal-oriented activities intersect between one’s own and those of others.  Whether we can reorder and reorganize our own; to what extent the “other” is willing to subjugate or subordinate theirs in order to compliment your own; these are the filaments which bring about the illumination of a relationship, or leave it behind in the darkness of yesterday’s dreams.

The conflict of priorities is what destroys relationships, splits up marriages and divides friendships.  We often hear the euphemisms of life: “We drifted apart”; “We just didn’t see eye-to-eye on some things”; “We found ourselves arguing more than it was healthy to”, etc.  These are declaratives where conflict of priorities destroyed the friendship of relationships.

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 conflict between taking care of one’s own health and performing at an acceptable level at one’s Federal or Postal job should never be in question.  Health should be priority number 1; all else, secondary.

If Federal Disability Retirement needs to be applied for because priority number 1 (one’s own health) ever comes into question, you should consult with an attorney who specializes in FERS Disability Retirement Law.  For, in the end, a conflict of priorities should never allow for the conflict to question the priority of one’s own health.

Sincerely,

Robert R. McGill, Esquire

 

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 & Postal Disability Retirement: The Stress Test

It is meant to determine the vulnerability of structural foundations, or to gauge whether, under certain extreme circumstances, it will withstand catastrophic levels of pressure for safety and soundness.  Distress triggers the ultimate test; and whether a breaking point can be established is always a fear — of how low or high, and of what tolerance the test itself will reveal.  Objects, composite elements meant to reinforce; and most of all, people — to the extent that stress can damage, and whether such damage can be repaired.  “Repair”, of course, is a relative term, and whether or not the structural firmness can be attained after any damage has been repaired, to a level of pre-damage status, is always of concern.

Can a psyche once damaged be repaired to a state of original soundness?  Are the vulnerabilities inherent in individuals capable of withstanding the stresses of modernity, and is the “test”applied the same as the reality of daily stresses exposed?  Is there even a “test” that can determine the safety or soundness when it comes to human beings?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, the daily stresses of the medical condition itself, with all of its inherent complications, are overwhelming enough; it is then the “piling on” of everything else — of Agency actions; of the adversarial nature and responses of the Agency; of the potential for denying continuation of LWOP while even under FMLA protection, and the concern for one’s future with an Agency that seems bent on making one’s life harder than it needs to be: These, and many other “stress tests” determine the need to begin the process of preparing, formulating and filing for FERS Disability Retirement benefits.

Consult with an Attorney who specializes in Federal Disability Retirement Law and begin to apply the legal stress test to determine eligibility for Federal Disability Retirement benefits; for, in the end, the only Stress Test for a Federal or Postal employee seeking Federal Disability Retirement benefits worth applying is the one which determines the potentiality for a successful outcome, and seeking the counsel and guidance of a FERS Disability Retirement attorney is the best way to relieve the stresses that surround such an endeavor.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: The gods of modernity

Each era has its false gods — of Greek ones that explained the mysteries underlying the universe; of religions that conquered by the sword; of Philosophers and Kings who ruled with an iron fist; of Freud, Psychoanalysis and other ghosts in the machine; and in modernity, of youth and the cult of the young, and perhaps of the authors of self-help books who have cornered the market on wisdom replaced.

The gods of modernity are different from those of a generation ago; the “I” and the “me” that pervades on Facebook, Twitter and Instagram; of the perfect “me” who takes selfies at every opportunity to reinforce and remind of the hollowness of the gods we make of ourselves; and in the end, the loneliness that one is left with when the screen is shut down and one is left with the reality of facing one’s self in the loneliness of a perception that cannot be faced in the mirror of one’s own reflection.

And of the other gods of reality: Perfection in perception.  But what happens if perception must encounter reality?  That is often the problem with a medical condition — for, medical conditions remind us of the ugliness of the world around: of mortality, vulnerability, and the loss of societal empathy for all things imperfect.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows one to be “perfect” in the workplace, and where the essential elements of one’s job can no longer be met, it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application so that the focus of one’s life can be redirected in order to regain one’s health.

The gods of modernity — of a career, of never-ending competence and productivity in one’s Federal or Postal job — must be replaced with a revaluation of what is truly important in life: Health, sanity, and some semblance of caring.  And while securing a FERS Disability Retirement annuity may not be the answer to all of life’s ills, it will at least secure a future in order to focus upon getting better, and perhaps reorienting one’s focus upon a future that may be different and better.

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