Tag Archives: the advice from a lawyer who only deals with opm disability claim

FERS Employees Disability Retirement System: Isolation

Isolation is not accurately reflected by the image of an individual stranded on an island; rather, in modernity, isolation is the real-life situation of a person who is fully connected on Social Media, is surrounded by crowds of people, is seemingly engaged with others — and yet remains in isolation.

That is the conundrum of modernity, is it not?  Greater “busy-ness” in the social arena = a wider sense of isolation.  Activity is not the same as productivity; having less time does not result in greater wealth; and working harder doesn’t mean that you are any closer to the goals which have been set.  Somehow, pushing buttons on an electronic keyboard or on scratch-resistant glass is not quite the same as the touch of a human hand.

Medical conditions only magnify and intensify one’s sense of isolation, precisely because the medical condition itself makes one feel that one’s own body is a pariah in a universe of contentious forces.

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 growing sense of isolation felt is often part of the problem — the “pariah” effect, where others tend to see you as the wounded prey who must be abandoned in order to save themselves.

Consult with an OPM Disability Attorney who specializes in FERS Disability Retirement Law, and consider whether the growing isolation felt will allow you to continue in your Federal career, or whether it is time to leave the isolation behind and find an endeavor where your talents will be better appreciated.

Sincerely,

Robert R. McGill, Esquire

 

FERS OPM Disability Retirement: Of Imprints in the Sand

They fade away quickly and become part of the landscape that once was; and when we try and grab a handful of sand and squeeze the collective grains within our closed fists, the finery of each pours from every crevice left open like the hourglass that counts the moments lost.  Whether by the winds that shift the dunes afar or the lapping waves which erases the imprints once boldly made, the residue of our existence by natural necessity fades and ultimately disappears.

Mortality for most is a scary thought; immortality, a dream and fantasy desired; and within the spectrum of the two extremes is the daily imprint in the sand of human existence.

During that brief moment of appearance upon the sands of our lives, we all have to make decisions both of major consequential effect and minor residual impact, on a daily basis.  Plans for the future; getting the day’s chores done; actions that may impact others; inaction that reverberates to others; and throughout each, the pause and hesitation that reflects indecision may be a further factor in the imprint upon the sand, whether of lasting impact or momentary indifference.

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 imprint in the sand that has to be considered is:  Is continuation in this job and career possible? At what point should I file for Federal Disability Retirement? How will it impact my life, my finances, my ability to get a job in the future? And of imprints in the sand — will my decision have any consequences beyond the disappearance upon the dunes, any more than being separated from Federal Service or the Postal Service?

To understand the procedure, the impact and the residual consequences, consult with a Federal Disability Attorney who specializes in FERS Law, lest the imprints in the sand of one’s life becomes a permanent and irreversible mistake that cannot be reversed like the sands that slip within the hourglass of one’s life.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The memory of greener pastures

Are memories faulty, and are they so for a purpose?  Does the human psyche selectively extrapolate the positive and repress the negative precisely in order to preserve an optimism that will incentivize survival?  If our memory banks retain a pessimism such that the overload of negative images cumulatively dominates, wouldn’t the subtle forces of depression set in to overwhelm us?

The memory of greener pastures — are they true in an objective sense, or only in the selective and myopic perspective that has filtered the negation of subjective desires?  Was childhood as innocent as we remember?  Were the ice cream cones on a hot summer’s day better then, and the wintry winds of Christmas Eve so filled with anticipation of glee that yesterday’s joy was tenfold the truth of untold lies?

We do tend to remember the summers of yesteryear, and of thinking that the lights across the street glow a warmth of love and fidelity; and yet, we know that the room within which we stand is likely a reflection of a reality no lesser, nor no greater, than the greener pastures across the way.  Except when a medical condition hits us.  Then, the memory of greener pastures always reflect the “before” — before the condition worsened; before it began to impact my work; before it became a chronic condition.

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 often the memory of greener pastures that finally prompts the Federal or Postal employee into preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS.

For, the greener pastures that once were can still be those of tomorrow, but only if the focus of one’s life can attend first to the medical condition itself, without the greater burden of work and the harassment and constant hostility of the Federal Agency or the U.S. Postal Service.

To preserve and hold sacred the memory of greener pastures is to prioritize the things that we hold dear and important, and one’s health should be at the top of the list of such priorities.  Protect it by preparing, formulating and filing an effective FERS Disability Retirement application, to be filed through OPM so that those memories of greener pastures in yesteryear’s childhood joys will not be subsumed by the worries of one’s deteriorating future.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Excellence and mediocrity

Are the two identified only by comparative existence?  Can one abide in pure mediocrity throughout a lifetime, only to be fooled into thinking that excellence has been achieved, but on the day before extinguishment from this universe, be visited by pure excellence that suddenly compels one to realize that all along, only a ho-hum level of mediocrity had been attained?

Conversely, can one maintain a level of excellence without a comparative standard against which one may know what “mediocrity” consists of?

It is like the grammatical elevation learned in former school days, of “Good”, “Better”, and finally, “Best” — how does one identify the last in the tripartite series unless there is a comparison against that which is lesser, and how does one ever realize the progressive nature of one’s endeavor unless there is improvement to realize?

One may argue that excellence cannot exist except and “but without” the coexistence of mediocrity, and thus the corollary must also be true.  Isn’t that the problem with everything in life — excellence, once achieved or realized as a goal, becomes a hollow voice of regret when once mediocrity is the standard to which one is reduced?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has reduced one’s ability and capacity to perform one’s Federal or Postal position and duties to a level of mediocrity and struggle just to maintain a lesser standard below what one has become accustomed to — of excellence in all arenas, including health, personal life and professional goals — the reduction resulting from one’s deteriorating health is often accompanied by a sense of having become a “lesser” person precisely because one has known the “better” and the “best”.

“Good” is not enough, anymore, because “better” and “best” have once been tasted.

Filing for Federal Disability Retirement benefits may not be the “best” answer to all of one’s problems, but it is the better solution to the Federal employee or Postal worker who can no longer perform one or more of the essential elements of one’s Federal or Postal job, especially when the “good” is merely an exercise in mediocrity where once stood excellence.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Meaningful turns

How many turns do we make on any given day?  Not just actual ones, like those turns while driving a car, but figurative ones, as well.  If a person approaches you and asks, “Did you make the right turn?” — what is the response?  Is there a “right” answer?  Is there a relationship in the English language between the terms “right”, “left” and the physical attributes we possess?

If a person tells of another, “He’s way out in left field,” is that because we attribute the term “left” with residues of the negative?  And, how did the terms “left” and “right”, when referred to in politics, come to have a meaning of equivalency?  Was the fact that right-hand dominance was historically preferred to left-handedness, to the extent that teachers once used to punish those students who naturally attempted to utilize their left hands in handwriting, drawing, etc., account for the linguistic dominance and preference given to the term “right” as opposed to “left”.

Do we understand the concept with greater presumption when a person says, “He made a left turn and got lost,” even if the person actually made a right turn and found himself in an unfamiliar neighborhood?  And what of “meaningful” turns – are there such things, as opposed to spurious and meaningless ones?  How often we confuse and conflate language with figurative speech and objective facts; and then we wonder why most people wander through life with confusion, puzzlement and an inability to cope.

Russell and the entire contingent of British linguistic philosophers, of course, attempted to relegate all of the problems of philosophy to a confusion with language – and, of course, only the British, with their history of Shakespeare and the sophistication of language, its proper usage and correctness of applicability could possess the arrogance of making such an argument.

But back to “meaningful turns” – in one sense, in the “real world”, every turn is meaningful to the extent that we turn and proceed towards a destination of intended resolve.  But in the figurative sense, it refers to the steps we take in mapping out consequential decisions.

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 the Federal or Postal worker’s position and duties, the “meaningful turn” that one must consider should by necessity ask many questions:  How long can I continue in this job?  What are the consequences of my staying, both to my health as well as from the Agency’s perspective?  How long before my agency realizes that I am not capable of doing all of the essential elements of my job?  Will my excessive use of SL, AL or LWOP become a problem with the agency?  And what about my health?

These are just a series of beginning questions on the long road towards making one of the meaningful turns that confront the Federal or Postal employee in the quest for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Misfit

The herd mentality must of necessity have a survivability factor; otherwise, there is little to explain the illogical repetition of the historical recurrence of human folly for behavioral anthropology.  In the modern era, being “different” is a sign of rebellion, and the cultural tidal wave of the Sixties in altering the normative landscape of music, art, religion and social customs, revealed the pinnacle of self-destructive behavior — until it became clear that being a misfit itself was merely the convention.

Behaving “normally” means that one does not make “waves”; in a highly bureaucratized society, the importance of non-innovation and complete compliance is regarded as sacrosanct.  Loud, boisterous behavior; conduct outside of the normative inflexibility of societal perspectives; that which is acceptable as quirkiness or eccentricities, as opposed to destructive explosions of tendencies bordering upon insanity; the invisible line between the misfit and clinical commitment to a psychiatric facility is a thin reed, indeed.

Often, however, it is uncontrollable circumstances which impose upon an individual the unwanted label of being an “outsider”.  Medical conditions often have a tendency to promote such a state.  It is like being labeled a plague-carrying contagion by the CDC; once whispered, the rumors begin to spread.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, being labeled a misfit becomes a “given”. Others begin to shy away from an association; some are told bluntly not to have contact with “that one”.

Loss of normative acceptance within any community or society is an important factor for success; somehow, despite all of the legal safeguards, EEO regulations and protective statutes applying to disabled individuals, the herd mentality of yore nevertheless prevails.  For Federal and Postal workers, the only pragmatic exit is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

Is it a retreat or an escape?  Not really; rather, just a means of looking out for one’s own best interests.  The medical condition itself should always be paramount in considering one’s life; attending to it properly means that one must have the time and energy to treat the underlying malady; and continuing in an employment atmosphere where acceptance is avoided, and empathy is rare, is also an unstated definition of engaging in self-flagellation.

Sincerely,

Robert R. McGill, Esquire

 

Different Perspectives during the Federal Disability Retirement Process

Inform an individual that you suffer from Hansen’s Disease, and one might get a benign reaction, perhaps a blank stare. Convey to the same individual that you have contracted leprosy, and it is likely to evoke an expression of revulsion, and perhaps a discomfort bordering on flight.

What we say; how we say it; the social stigmas attached; and the cultural sensibilities and conditionings constraining how we become predisposed to act and react, are often determined by the perspectives which are brought to the fore.  Leprosy is the common term for Hansen’s Disease, but with it, an entire historical perspective replete with stigmas and tales and images of disfigured and contorted features and physical characteristics surround the former term, but rarely accompany the latter.

Whether and however termed, it remains one and the same. For an individual who suffers from a disability or handicap, society’s reaction similarly remains consistent and uncaring. And while laws and regulations may provide a semblance of minimally protective measures, it cannot prevent individual insensitivities from surfacing.

For Federal employees and Postal workers who need to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS or CSRS, the reaction of one’s agency or department is often tantamount to informing them of either contracting leprosy, or of Hansen’s Disease.

Normally, unless a compelling reason exists otherwise, such information should be limited, and restrictively revealed only when the necessity arises, precisely because of the type of reaction one can expect from the agency or the U.S. Postal Service.

Perspectives differ; differing perspectives may often surprise; but the one similarity abounding in human nature is not too different from the beastly perspective from whence we came; and that is of the herd instinct targeting the weakest and most vulnerable — in this case, the Federal and Postal employee who suffers from a medical condition, and who must consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal Medical Retirement: The Coalition Forces

One hears much these days about the importance of forming a coalition of forces before engaging an offensive action; and, indeed, there is the old adage of having strength in numerical superiority, and the sense that a consensus of opinions and cooperation of numbers results in an increased chance of success.

Quantitative composites can mask a disarray of qualitative forces, and the security in numbers can somewhat compensate for lack of internal cohesion.  But what if you are the target of a coalition of forces, albeit one that is merely bureaucratic in nature, and administrative in pragmatic application?

That is how the Federal employee or the U.S. Postal Service worker often feels, when applying for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS.  And not only that, but the “attack” comes at one’s most vulnerable point:  when a medical condition is involved.

Filing for OPM Medical Retirement benefits is tantamount to going up against a coalition force:  One’s own agency; one’s own Supervisor; one’s own Human Resource department; one’s own coworkers; and then to contend with trying to obtain the proper and sufficient medical documentation in order to show eligibility and entitlement (yes, there is a distinction with a difference between the two concepts), on top of filling out the vast array of standard forms (SF 3107 series for FERS employees; SF 2801 series for CSRS and CSRS-Offset employees; SF 3112 series for all three, FERS, CSRS and CSRS Offset employees).

The medical condition itself, of course, is the vital point of vulnerability, and it is as if the coalition forces are fully aware of those weak points, and attack them relentlessly.  OPM Disability Retirement, the process of filing, and the agencies which make up the linear progression for filing — all together can appear to comprise a coalition of forces which, without necessarily working in coordinated concert of thought or action, can aggregately defeat an OPM Medical Retirement application.

The singular warrior of the target — the FERS, CSRS or CSRS Offset Federal employee or U.S. Postal Worker — must use all of the administrative and legal tools available, in order to go up against such a behemoth of bureaucratic gargantuan proportions.

Sincerely,

Robert R. McGill, Esquire