Tag Archives: unequal treatment of benefits in workplace working against disabled employee

Federal Disability Retirement Law: Selective Knowledge

The universe of information is limitless; thus, we have no choice but to selectively choose what knowledge to garner, use, apply, store, etc.  Furthermore, not all knowledge is equivalent; and, even if relevant or significant, may not be of any use to a given individual.

Additionally, knowledge is a funny animal; some slices of knowledge may be desirable to one person, but entirely dismissed by another as being frivolous or trivial — which, of course, for some others, “trivial” or the root word, “trivia” is precisely the type of knowledge which is desirable.

Thus do we meet a wide spectrum of people, both knowledgeable and ignorant, or an admixture of both:  Some are precise and take pride in the sourced information; others believe that informational sources are merely a distraction and all of that is merely bosh; we can just speak as if we have knowledge, form opinions without much knowledge at all, and do it all with self-confidence, ending up with a generation of know-it-alls who merely Google the information when asked for any specificity.

For, modernity is not about memorizing by rote-learning, anymore, but about one’s self-esteem and how one “feels” about one’s self; in other words, a generation of ignoramuses.

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, knowledge about the laws governing the Federal Disability Retirement process is both relevant and significant.  And, while it is not limitless, it is nevertheless complex and complicated.

Instead of trying to make sense of the universe of information in the Federal Disability Retirement arena, contact a FERS Disability Attorney who has selectively garnered the knowledge specific to Federal Disability Retirement, and applies it knowledgeably, fruitfully, artfully, professionally, relevantly, and with the greatest of care.

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 Disability Retirement from OPM: Tomorrow and Beyond

We often hear the phrase of minimalism and survival: “Take one day at a time”.  By implication, what such a statement means often involves: To think beyond today will be overwhelming; attend to the requirements of the moment, and don’t let the problems of tomorrow overwhelm you; get through this day, as tomorrow and beyond will not be relevant if you cannot attend to the needs of today.

Life can be tough and, yes, to try and view the entirety of the future, including tomorrow and beyond, can sometimes be overwhelming. Sometimes, however, tomorrow and beyond must be considered; for, the success of tomorrow often depends upon what you do today, and the obligations of the day after and beyond may be contingent upon that which is accomplished the day before.

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, preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management under FERS, is an important step to consider today — for your future of tomorrow and beyond.

Contact an attorney who specializes in Federal Disability Retirement Law and consider what needs to be accomplished today in order to secure your future needs for tomorrow and beyond.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Disability Retirement Attorney

 

FERS Disability Retirement from OPM: The Vigilant Life

This is a life which requires vigilance: Constant, consistent, persistence acuity, both to rebut stagnation and encourage progress.  Life is a vibrancy — physically, of cells regenerating; mentally, of recognizing and fending off dangers; of a society which cares not for personal tragedy; within a context of a crumbling community.

Vigilance throughout is required — vigilance in guiding one’s family; vigilance in helping your children to maneuver through the difficult times; vigilance in maintaining one’s career, benefits earned and livelihood acquired.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to continue in your Federal or Postal career, vigilance is required both in obtaining your FERS Federal Disability Retirement benefits, and in protecting and maintaining them.

Whether you are seeking to secure your FERS Disability Retirement benefits, or are in danger from OPM taking them away because they claim that you have been “restored” or “recovered”, contact a FERS Disability Attorney who specializes in Federal Disability Retirement benefits and recognize that this vigilant life oftentimes requires vigorous legal representation.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Expression of Man

Work is the expression of Man; whether as an explosion of creativity or a grimace from overdoing it, it is an extension of that which is inherent and natural.  Whether in building or deconstructing; of newness or of a renovation; perhaps as part-time or beyond a full-time schedule; the expression of men and women is to work.

We often make up sub-categories of it — of a “career” as opposed to a “job”; a “professional” or an amateur; of a “white collar” position in contradistinction to a “blue collar” worker; but in the generic aggregate, it is all “work”.  Look all around us; the product of work, of Man — men, women, old and young — engaging in the building of a society in bits and pieces, expressing themselves by manner of an activity that takes various forms, multiple hands and countless ideas.  To cease to work is tantamount to stopping that which is the natural expression of Man.

That is why, when a medical condition begins to prevent and impact a person’s ability and capacity to perform all of the essential elements his or her Federal or Postal job, it may be time to consider filing for Federal Disability Retirement benefits under FERS.

Consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and begin the process of extending the natural expression of Man — by allowing for such creativity and expression to present itself in another vocation outside of the Federal government.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Unrequited

It is the feeling of that which is not returned; often involving “love”, but it can also encapsulate a sense of appreciation or adulation.  Love itself is a peculiar concept; of the strength of it, whether it must by necessity involve a physical nature; of the relationships involved, and the complications that arise when it is unreturned.  Unrequited love is a state of emptiness; and of anything unrequited — whether of appreciation; of engagement or involvement, leaves a sense of dissatisfaction.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to continue in one’s Federal or Postal career, the feeling or sense of being unrequited grows daily.  The greater effort expended to extend one’s career no longer has any corresponding “return”.  It is then time to consider filing for Federal Disability Retirement benefits under FERS.

Consult with an attorney who specializes in Federal Disability Retirement benefits, lest the unrequited effort expended results in a termination because of excessive leave or poor performance.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Stronger/Weaker

It is a categorization at the most basic level — one that is seen daily in Nature and reflected in the human narrative of historical tides and tragedies.  The stronger dominate the weaker; the latter submits to the former, or flees in terror or dies while trying.

In modernity, the password that protects one’s technological contraption is determined for sufficiency based upon that most basic of identities: stronger or weaker.  The bully on the playground will scan the potentiality for complete dominance at the beginning of each school year, based upon the appearance of how one projects one’s self on the very first day.

Throughout the continuum of life’s encounters, no matter how much we may resist becoming pigeonholed into such simplistic bifurcations — whether of our physical stature; our creative energies; our proclivities and mannerisms, etc. — in the end, we all revert back to the foundational elements of our evolutionary ancestors and systematically deem this event or that capacity as either “stronger” or “weaker”.

We like to think that in our advanced state of civilization, such simplistic terms have become muted because of the heightened level of sophistication (i.e., thus the “revenge of the nerds”, where brain overcomes braun); but our true natures nevertheless tend to reveal themselves despite our best efforts to resist.  It is no different in the arena of “the law” than in all other categories.

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 issue of “stronger” versus “weaker” continues to dominate: One’s medical condition places one in the “weaker” position as against the Federal Agency or the Postal Service.

The Federal Agency or the Postal Facility may begin to assert its “stronger” position by a series of adverse actions initiated to establish a paper-trail leading to ultimate termination, including a “Performance Improvement Plan” (otherwise referred to by the acronym, “PIP”); and when the Federal or Postal employee takes the necessary steps in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to try and gain the “stronger” advantage by enhancing, in every way possible, one’s Federal Disability Retirement application.

There are few “slam-dunk” cases when it comes to a Federal Disability Retirement application.  While the applicant may “believe” his or her case cannot possibly be denied — naturally, because the applicant who tries to prepare the case on his or her own is the same person who suffers from the medical condition upon which the Federal Employee Disability Retirement application is based, and so there is lost a sense of “objectivity” as to the strength or weakness of a case — most cases must be assessed on a scale of “Stronger/Weaker”, and such an assessment is based upon the multiplicity of factors analyzed, including: Does the available and current case-law support the application?  Does the medical documentation sufficiently meet the eligibility criteria under the law?  Will the Agency’s portion of the Federal Disability Retirement application undermine the Applicant’s portion, under the law?

In the end, the law itself determines the basis of a Federal Disability Retirement case in its most basic form of whether a case is “stronger” or “weaker”, and to determine that important aspect of assessing and evaluating a case, consultation with a specialist in Federal Disability Retirement Law is a “must” in this world where nature’s disposition towards the Stronger/Weaker bifurcation continues to dominate.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Perfection

Can it ever be achieved?  Is our possession of it proof, as Anselm’s Ontological Argument asserts, of the existence of that which we ourselves cannot ever attain?

Perfection as a “goal” is considered “unrealistic”; as a paradigm against which we compare in order to impose a standard or paradigm of success, we often accept as a given; and, with the exception of stereotypical “Tiger Moms” and other unreasonably demanding categories of nightmarish figures unable to ever please or gratify, perfection is merely an unattainable hollow easily moveable within a spectrum of endless sights much like the proverbial movement of goal posts so-named when nearing the end.

Yet, we constantly strive for it, despite the knowledge that it is unachievable and unrealistic, declaring that the nearer we reach towards the boundaries of perfection, the closer we become as gods of lesser heavens.

The Ancients regarded certain physical characteristics as those “perfect” dimensions based upon proportionality of appearance; in modernity, we have dispensed with any such paradigms and instead have elevated acceptance and tolerance as the greater good, thereby negating hurt feelings, unattainable heights and unreachable expectations.

Perfection, as applied to a specific category such as “health”, can yet nevertheless remain relative in terms of acceptability.  Perfect health can never be maintained forever; relatively good health can be sustained for a time; and poor health, once experienced, is like a bad dream that one wishes to be awakened from, lest it turn into a nightmare that never ends.

For Federal employees and U.S. Postal workers who suffer from a deteriorating, progressively chronic condition of a medical nature — one that is likely to last for a minimum of 12 months in preventing or otherwise impacting one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job — it may be time to consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Filing for OPM Disability Retirement is not an admission that perfection is an unattainable goal (although we know it is); rather, that merely a particular job or career is not the “right fit” — and in the end, that is the greater perfection of all: To recognize one’s limitations, properly evaluate and assess one’s circumstances, and adjust and modify in accordance thereof.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Once upon a time…

There are such fairytales, as well as reminiscences of a bygone era; or, when a traumatic event in one’s life bifurcates a “before” and differentiates from the “after”, such that we wanly smile and with eyes distant for yearning of a time now gone forever, we whisper to ourselves, “Once upon a time…

Old men do that; grouchy grandmothers relegated to nursing homes and old people’s enclaves; those who have variously been diagnosed with “personality disorders” or other such general umbrellas that allow for living in a previous timelessness of shallow memories; but the uniqueness of the phrase is that, for old people and other grouches, to whisper, “Once upon a time…” is to look backwards; whereas, for children, when the story begins with, “Once upon a time…” – it is forward looking, to a world of imagination and creativity.

Yes, the story itself may have the setting of a time before, but within the child’s imagination, he or she is projecting forward in the wayward paths of creative fantasies.

Then, of course, there are people who are beset with medical conditions – such as Federal or Postal workers who are under FERS, CSRS or CSRS Offset, who can no longer perform one or more of the essential elements of the Federal or Postal position occupied, and who whisper in a soliloquy of sorts, “Once upon a time…

Such reminiscences bifurcate a time “before” and a time “after” – where there was life before the onset of the medical condition, and the living hell after the medical condition became, and remains, a chronic state of being where pain, discomfort, inability to attain any restorative sleep, and profound exhaustion and fatigue sets in.

For that Federal or Postal worker who suffers from such a medical condition, that the Federal or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job, the decision to file for Federal Disability Retirement benefits becomes also a kind of a “Once upon a time” moment.  For, once an OPM Federal Disability Retirement application is approved, and the Federal or Postal employee no longer needs to struggle with the essential elements of one’s job, perhaps the Federal Disability Retirement annuitant can look back and whisper, “Once upon a time…” – but like the child who states it with a forward-looking smile.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from USPS or other Federal Agencies: Solomon’s choice

Even in this age of millennial ignorance of ancients, literary or biblical references to arcane metaphors (while taking delight in such useless information as the minutiae of Sanskrit grammar), the general view that King Solomon’s judgment was profoundly wise, is accepted without argument.  Yet, were his assumptions correct, and do they apply today?  Is it presumptively reasonable that love of child would rise above the other emotions felt – of jealousy, perhaps, or envy of the other mother – and declare the truth of the hidden motive?  Is there a priority or order of sequence that necessarily mandates truth to manifest itself, when the choice is one of death, loss, sacrifice and the horror of splitting a baby into two?

Of course, beyond the significance of the epic story itself, is the metaphor we are left with in living our daily lives – of making a choice between honor and its opposite, or of Truth and Falsity; of enduring for the sake of X as opposed to sacrificing in the light of Y.  To embrace a Solomon’s choice is to accept that there is a binary presentation in life’s offerings, and while that is often the appearance of a case, it is the stark reality of the limitations of alternatives available, that makes a decision to be made difficult and unenviable.

For Federal employees and U.S. Postal workers who must endure and “deal with” a medical condition, such that the medical condition has come to a point of interference with many of life’s major activities, including employment and performing the essential elements of one’s Federal or Postal position, the options presented are often binary, and sometimes adding another to create a trinity of choices.

The Federal or Postal employee can remain and endure; or, if the Federal or Postal employee has met the minimum eligibility requirements (18 months of creditable Federal Service and an evidentiary basis of showing that a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job), consideration should be given to preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

The “other” choice, of course, is to walk away and do nothing; but that is, in effect, no choice at all, for the time invested and accrued in one’s Federal or Postal career should never be discarded and forgotten, especially when the second option is there to be accessed.

In the end, perhaps Solomon’s choice was, likewise, parallel to that “third” option which resulted in the decisions made, and as a consequence, bore the fruits for the future Trinity.  To split the baby in half could never have been a serious consideration, just like walking away without trying should rarely be considered by a Federal or Postal employee who suffers from a medical condition which prevents him or her from performing one or more of the essential elements of one’s Federal or Postal job.  Solomon’s offer was, of course, a wise one; for, in the end, he knew that such a choice was an untenable one, just as the Federal or Postal employee knows that filing for Federal Disability Retirement benefits is the one which will ultimately be the wise one.

Sincerely,

Robert R. McGill, Esquire