Tag Archives: stress leave usps attorney

OPM Disability Retirement: The Pause Button

But that we all had one, applied to life.  Weekends constitute a form of that — like in days of old, when Grand Armies fought battles, but everyone knew that Sunday — The “Lord’s” Day, the Sabbath time for Christians, etc. — the bombardments would pause, the shelling and firings would cease, if only for a day, out of respect for a tradition of pausing.

In modernity, weekends represents the pause button — or so they say.  Technology was supposed to allow for greater leisure time, when in fact it has made unwelcome incursions into the very precious time of being away from work.

Time was when one could close the office door on a Friday, and not have any encounters with one’s profession or job until Monday morning — except, perhaps, for the occasional emergency phone call which required a break in the pause.

Today, emails follow us everywhere; many people have a “home office”, and the eye of the computer tracks us wherever we go.  Vacations once sacrosanct are regularly interrupted; and it is interesting, isn’t it, that people often choose destinations deliberately where wi-fi reception is spotty, at best?

The Pause Button is now no more, except for those who intentionally create one.

For Federal employees and U.S. Postal Service workers who suffer from a injury or disease such that the injury or disease prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, there never is a pause button, because medical conditions don’t respond to such devices.  Instead, they continue to haunt, debilitate and progressively eat away at any sense of life’s peacefulness.

Contact a FERS Disability Attorney who specializes in Federal Medical Retirement Law, and consider whether or not your own health is more important than the disconnected Pause Button.

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 Attorney Help: The Chime Which Stills

Wind chimes still the heart; door chimes ring to announce a visitor; but in the midst of winter when the winds howl to pronounce the desolation of the season’s end, neither the visitor nor the warmed heart can stay long to listen to nature’s corridor.

Wind chimes abound in neighborhoods throughout, and when the dog is walked, or the back door opens for a moment’s exit, the music evoked in the still air of night meanders and mocks, but rarely of a hint for what it seeks.  Is chance what makes the stillness of night?

One wonders whether this universe cares for its flock of devotees.  Poetry is but the pause which makes everything worthwhile.  Then, suddenly, a medical condition hits us, and we wonder what the purpose of it all means.

For Federal employees and U.S. Postal workers who have had that feeling of a wind chime which stills the heart — that, somehow, there is still a purpose, and not everything is encountered by mere luck or chance — you may want to consider preparing an effective Federal Disability Retirement application under FERS, and not just leave everything to luck and chance.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and don’t let the chime which stills the heart remain as a passing whim that fails to nudge.

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 Employee Disability Retirement: Letting Go

It is the more difficult thing to do.  We tend to embrace and keep those things and are unable to let it go; of slights that scar us or reputations that were once stellar; and though the changes that force one to consider moving on are reasonable and rationally-based, there is something in us that drives one to remain stubbornly steadfast.

The career that was once our dream; the connection with someone who was once considered a close friend but who turned on us and betrayed our trust; the family member who severed the relationship and blood-ties; or the workplace that once considered you to be the star and hero, but now avoids eye-contact for fear of revealing its true intent.  Changing circumstances often necessitate “letting go”; the problem, however, is that while the context surrounding our lives may alter, we remain the same.

Medical conditions trigger and necessitate changes; and for Federal employees and U.S. Postal workers who suffer from a medical condition such that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, it is often the hardest thing to do — to let go, and begin the process of preparing, formulating and filing for FERS Disability Retirement benefits.

There is always the hope for hope — of getting better; of reducing or minimizing the impact of one’s medical condition, etc. But when the reality hits that necessitates letting go, contact an attorney who specializes in Federal Disability Retirement Law and begin the process of recognizing the reality of change and the need for letting go.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Intolerable conditions

We all have a threshold of tolerance; it is, in the end, a spectrum and a range which cannot be generalized.  The MRI that reveals degenerated tissue or organic dysfunctioning may parallel the pain experienced, but it does not determine the level of tolerance for any given individual.  Yet, while thresholds may vary, there is a limit to human toleration, and the question for each individual is: At what point do conditions reach the limit of my tolerance, and do I wait until I reach that ceiling, or is it then too late to have waited so long?

Most people wait until the intolerable conditions reach a critical juncture.  That is the rub of the matter — that, yes, human beings possess a great tolerance for the intolerable, but the further question that is too often missed, is: Should we?  Is it healthy to?  And: What damage is incurred by resisting the warning signs that our bodies and minds give such that we reach beyond those warning triggers and milestones of caution, and when we get beyond them, we leave them behind as sirens which have faded and been forgotten?

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 intolerable conditions which have erupted often includes: Increasing harassment from one’s Federal Agency and the Postal Service; exhaustion of SL, AL and FMLA; dealing with the medical condition itself; the failure of coworkers and managers to empathize or understand; the stress that is placed on personal relationships because of the deteriorating conditions in the workplace; the loss of stability; the increasing loss of livelihood, etc.

Any one of these, or all in combination, create those intolerable conditions, and when it becomes apparent that the proverbial rubber band that has held the whole together is about to snap, then it is time — beyond the time, maybe — to prepare an effective FERS Disability Retirement application, to be filed through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Desperation in a time of crisis

There is the crisis, perhaps born of a lingering problem allowed to fester and froth until the boiling point allowing for a simmering of persistent steam to rise and spill over; and then, of our reaction, our departure point where sanity and coherence become overwhelmed and replaced with a sense of doom.

We have all been through a crisis; it is part and parcel of a life lived; and though we never ask for it, it comes when least expected, when we are most vulnerable, and when we believe that we can no longer withstand the tornado of unbounded fury.

There have been moments where the crisis naturally passes, and we simply must await its presence and ultimate disappearance.  Then, there have been ones where we have the strength to muster, to counter and fight, and to overcome — and those are the ones where preparation in youth in replenishing and fortifying one’s strength of character and resolve allowed for the abundance of that inner reserve to take over, almost as if a transcendent, supernatural force took control and led one to greater heights of one’s capacity to withstand and defeat.

Then, at other times, where human strength alone may not have been enough, and it was the support of others — friends, family members, and even the family dog, who allowed one to survive and to continue on.  But it is the last within the list of responsive capabilities — where the crisis comes, and one’s sense of desperation in a time of crisis becomes apparent, and that is when the danger-point comes to the fore.

Desperation in a time of crisis is when one’s strength has been sapped; when the vulnerabilities are revealed like an open sore inviting infection to spread; and when no amount of support from family or friends can appease the soul of the epiphany of sorrow that will not be comforted and where the heaving sobs of despair cannot be stopped.  It is those times when some glimmer of hope must be shone, for it is desperation in a time of crisis that brings a person to the edge of the proverbial cliff, where the jagged rocks of life below foam with an unwary eye of remorseless undercurrent in dousing the flame of life’s gift.

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, it is important not to allow for the growing medical crisis to become a moment of desperation in the time of crisis.

Consult with an attorney who is experienced in OPM Disability Retirement Law; allow for the door of hope to remain open, and do not allow desperation in a time of crisis to defeat that which may yet have a solution; it’s just that you may not know about the solution, but consulting with a Specialist in the field of FERS Disability Retirement Law may be the pathway out of a misperceived situation of desperation in a time of crisis.

Sincerely,

Robert R. McGill
OPM Disability Lawyer

 

Medical Retirement from Federal Employment: The cadence of coherence

There is truth, then the ring of truth.  The former may extract a pound of flesh or a quart of blood from the reader, yet allow the subtle entrapment quietly releasing the cornered soul merely by being unpersuasive.  The latter, despite often lacking in some essential details, will nevertheless engulf the audience, whether intended or indirect and unaware, into a comatose purring of half-conscious slumber, where acceptance of an argument because of a danger of violating the pleasantry of the moment is more important than embracing the facts themselves.

That is, of course, what is ultimately “wrong” with the writing style of a diatribe; it is the seething, subterranean anger in the undercurrent of a volatile eruption like the bursting lava from an unconstrained volcano where civilizations perish and survivors flee with but the clothes on their backside, which fails the purposive teleology of a barrage of words.

The persuasive outlier must possess the heart of a musician, the humor of an invited conversationalist, and the soul of a philosopher; otherwise, the dinner audience may begin to yawn and request to excuse themselves for various reasons, including an early exit for want of company.

The truth is, truth itself is boring.  It needs sugar, spice and all that is nice; wrapped in paper which stands out, but refuses the ostentatious condiments of vulgarity in a universe surrounded by stellar vacuity.  Convincing truth, on the other hand, possesses a disposition of a rhythmic melody, orchestrated with precision by a master with a conductor’s baton not made of any particular wood, but where the waving and weaving flows in consonance with the confluency of nature, artifice and linguistic pablum.

In any effective narrative, there must always retain the cadence of coherence.  That is often the “trouble” with Federal Disability Retirement applicants who formulate his or her own narrative of persuasive concoctions; will the U.S. Office of Personnel Management drink of the vitriol seething beneath the surface of turmoil?  Will the obvious diatribe translate into a persuasive cadence of coherent ideations?

Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits through OPM, whether under FERS, CSRS or CSRS Offset, have a dual whammy of obstacles to face:  They themselves must be the focus of the narrative; and, moreover, they themselves must present a voice of objectivity.  Both are immediately undermined when the medical condition itself is the very reason, rationale and underlying foundation for which the entire Federal Disability Retirement application must be prepared, formulated and forwarded to one’s Agency (if not yet separated, or separated from the Federal sector but not for more than 31 days) or directly to the U.S. Office of Personnel Management.

Preparing the answers required on SF 3112A (Applicant’s Statement of Disability) requires a quiet, rhythmic cadence of coherence; to do so, the origin, source and inception of the narrative must emanate from a composite core made of materials tougher than metal, yet sensitive enough to touch upon that human yearning which defines the empathy of timeless angels.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS or CSRS: The carefully crafted life

But that we could just write the narrative of our life, reflecting briefly upon our past, describing the present condition of being, but most importantly, to carefully craft the anticipated future of our lives in process.  What is revealed from one’s past is telling of a person’s character; of the present, a manifestation of the compass of one’s heart; and to the narrative of one’s future?  If the cultivation of one’s soul is the essence of the teleological process of life, the content of what we insert into the delineated poetry of future actions will uncover the truth in being of our damaged and tortured souls.

Would the script include fame and fortune?  Encounters with the common and ordinary, or of the arrogant dismissal of all but the beautiful and fortunate?  Would money always be written into the narrative of a future life, or ignored and instead replaced by peculiarities of fantasies, such as time travel, the ability to fly, or defiance of mortality and vanquishing of fear?

What one wishes for, like the genie who grants the dreams of youth, casts aside the veil we walk about with, and reveals all.  But the operative concept often overlooked is not about a crafted life; rather, that “extra” descriptive adverb which denotes painstaking caution and conscientious execution:  How does one “carefully” craft a life?  For, when wishes are offered and granted without constraint, the crafting itself becomes cast away as a mere byproduct and of irrelevant concern, like the human detritus flung out from a window of a speeding car down the highway of reckless disregard.

The care that one takes in crafting a life — now, that is an undertaking few of us attend to, despite every opportunity at every turn in the linear sequence of even the ordinary life of an individual.

For Federal employees and U.S. Postal workers, of course, 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 the Federal or Postal employee’s positional duties, that opportunity is offered in a limited and defined manner — in the form of 2 pathways.

First, by being required to write one’s narrative on SF 3112A, Applicant’s Statement of Disability (where the Federal or Postal employee must describe, delineate and prove a sliced portion of one’s life concerning the medical condition and its impact upon one’s capacity and ability to perform one or more of the essential elements of one’s Federal or Postal job); and Second, by preparing an effective Federal Disability Retirement application and submitting it through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset — thereby formulating the narrative which will determine the future course of one’s life and livelihood.

No, in either case, the Federal or Postal employee will not be able to receive a genie’s grant of unfettered wishes and requests; but that was always the thoughtless residue of a childhood fantasy, anyway.

For, in the end, the carefully crafted life is not one which has any room for the misspent daydreams of a forlorn childhood; rather, the truly substantive content of a carefully crafted life necessarily involves the Triumvirate of the T:  Trials, Triumphs, and some sprinkling of Tragedies; just refer back to Shakespeare, or of Milton and Melville; anything else was merely the storybook fairytales of a bygone memory left behind in the dustbin of a forgotten era.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Cartoons & Carnivals

In exclusively representing Federal employees and Postal workers to obtain Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the stories that are shared, the frustrations felt, and the tales left untold, collectively boggles the fragile mind.

Yes, by now, perhaps it is a truism that nothing under the sun can further be revealed that is of a surprising nature; but it is often just the sheer cumulative absurdity which, in their aggregate compendium of events, could only have occurred in cartoons and carnivals.  By contrast, there is the seriousness of the medical condition itself.

That is always the starting point, and the essence of why Federal and Postal workers contact an attorney who handles OPM Disability Retirements, based upon whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset.  Eligibility rules must first be met; then, the issue of entitlement must be proven by a preponderance of the evidence.

The comical relief and the sense of a carnival atmosphere, where cartoonish characters collide with the sobering reality of one’s medical condition and the potential end to one’s career in the Federal sector, arises inevitably through the actions of the agency, and their complete lack of empathy or concern.

Yes, agencies must continue to remain efficient; and yes, they must continue in their mission and course of work; but in the end, all we have left is family, community, values and vestiges of human interaction, and the littered graveyards of silent skeletons where marked graves and unmarked cemeteries speak not of efficiency, meanness and uncaring residues, but only where fresh flowers and wreathes of caring surround the frozen ground of time; yes, only in cartoons and at carnivals do people act with the absurdity of loss of humanity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: At What Cost?

The introduction of the “cost-benefit analysis” (CBA) by the French (who else?) is a quantitative approach in determining whether to go forward with a given project.  There are other approaches, of course, but the popularity of such a utilitarian paradigm is especially attractive to Americans, precisely because it allegedly places a determinable value upon the project, endeavor or issue in question.

But not everything in life is quantifiable in monetary terms; and while the CBA approach can take into account complex factors and assign methodologies of evaluating such that otherwise unquantifiable terms can be converted into numbers, the question still comes down to a simple issue of self-reflection:  Is it worth it?

For Federal employees and U.S. Postal workers who have 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, a cost-benefit analysis is often taken with a singularly stark question:  Can I survive on the annuity proposed by statutory authority?

But this often ignores a parallel query, just as stark and similarly singular: What other choice is there?  If the medical condition arose as a matter of a work-related incident, certainly the Federal or Postal employee under FERS, CSRS or CSRS Offset should file for OWCP/DOL benefits; but even then, Worker’s Comp is not a retirement system, and there will likely come a time when it is still necessary to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

The unquantifiable factors in any CBA are those more personal, intangible issues which we rarely desire to face:  What will happen if I ignore the present course of settings?  If I continue to work with my medical condition and somehow reach retirement age, what kind of shape will I be in to enjoy my “golden years”?  Will the agency tolerate my reduced productivity, and what will their next move be?

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is never an easy decision, and should not be taken without a thorough and self-reflective analysis; but it is often an approach tantamount to negative-theology which will bring out the true answers to a dilemma — of what will result if one does NOT do X, as opposed to a quantification of values — and provide the necessary framework for a future reference of positive closure to a human condition which always seems, at the time and moment of suffering, to be a calamity beyond mere dollars and cents, and for which the famous Utilitarian Philosopher, John Stuart Mill noted, that actions are right “in proportion as they tend to promote happiness.”

Sincerely,

Robert R. McGill, Esquire

 

Another similar article previously published: Federal Disability Retirement pros and cons

 

 

Federal & Postal Employee’s OPM Medical Retirement: Disjointed Lives and Divergent Paths

Life brings with it anomalies and conundrums which make for bumpy rides.  Despite protestations to the contrary, the older we get, the more we seek repetition, thoughtless inaction and monotony of purpose.

Change is for youth; otherwise, why does the parapet of innovation occur (with some minor exceptions) within the fertile mind of those in early adulthood?  Technological discoveries and scientific breakthroughs are formulated within the first third of life; managing a staid environment is left for the second third; and in the final slice of the corrupted remains, we expect quietude and unobtrusive solitude.

Medical conditions tend to disrupt and destroy.  Where once the agency or the U.S. Postal Service enjoyed concurrent and parallel lives with the “productive” Federal or Postal worker, the introduction of a medical condition impacting upon one’s capacity and ability to perform “efficient service” for the Federal agency or the U.S. Postal Service, comes into doubt, and it is precisely within the context of the disjointed teleology of intended purposes, that the divergence of paths must take its course.

Fortunately, the Federal system of compensation has preemptively considered such a scenario — by offering Federal Disability Retirement benefits for Federal and Postal employees under FERS, CSRS or CSRS Offset.  Federal and Postal employees who are no longer able to perform one or more of the essential elements of one’s positionally-required duties, as delineated and described in the official PD of one’s job, have the option of filing for Federal Disability Retirement benefits.

Ultimately, such a Federal Disability Retirement application must be submitted to the U.S. Office of Personnel Management — through one’s agency, if one is still on the rolls of the agency or the U.S. Postal Service, or separated but not for more than 31 days; or, directly to OPM if the Federal or Postal employee has been separated for more than 31 days.

In the end, it is not the disjointed life or the divergent path which will determine the headstone of time; rather, it is the residual influences we leave and heave upon the next generation of confused minds which will make a difference, and whether the staid quietude we seek in the sunset of generational transfer of responsibilities can allow for another alteration of paths, as one who decided to create a new trail by following Frost’s road not taken.

Sincerely,

Robert R. McGill, Esquire