Tag Archives: us government fers employee lawyer

OPM Disability Retirement Law: Place in the World

It is one of the hardest things to find.  The old metaphor of “finding a needle in a haystack” is easier than finding your place in the world.  What education to attain; of finding a lifelong partner to share your hopes, dreams and disappointments; of what career to choose; of which relationships to foster, and those to sever; and of activities worthwhile, others to abandon; these, and the global compendium of present choices and future conduits to embrace — these all, in their aggregate, result in one’s “place in the world”.

Modern life makes it difficult.  It used to be, half a century ago, that if you walked into an ice cream parlor, you had 3 choices — Vanilla, chocolate, and maybe a third.  Nowadays, there are so many flavors that it makes for paralysis of thought.  Part of the problem, beyond the infinite range of choices, is that the transience of life is available everywhere and opportunity to break the mold of generational stodginess is no longer an obstacle.  The antiquated idea that the children of X would “follow in the footsteps” of X — by tradition, by custom, by limitations of choices and “just because” — is no longer even considered.  Does anyone know what it means, anymore, to “follow in the footsteps” of your father?

Transience is to modernity as the horse & buggy was to the modern-day car, or as it is today, the EV, or electric vehicle.  It is difficult, these days, for a child to find his or her place in the world, precisely because there is no longer any stability of choices, along with an endless array of choices.  As multiple philosophers have stated many times, if everything is available, then the very concept of “everything” becomes a nothingness.

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, “finding one’s place” must be revisited, even in later life, because one’s place in the Federal or Postal job is in danger of becoming lost.

To find “another” place in the world, you may have to file an effective Federal Disability Retirement application under FERS through the U.S. Office of Personnel Management, precisely because one’s medical condition has meant a loss in your place in the world, and discovery of a new place may be a necessity.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement Law, and begin the new process of finding another place in the world before the availability of such places becomes a place of nothingness in this world of everything.

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 Medical Retirement under FERS: The Silent Troll

OPM silently trolls the Internet.  You may not think that such activity poses a risk to you, but you should be fully aware of it.  By “troll” is not meant to include posting inflammatory remarks or initiating controversial discussions on the Web; rather, they silently and quietly view any postings and activities you may be involved in.  They will “spy” on your activities and use what is online as an argument to try and undermine and deny your Federal Disability Retirement application.

Thus, if you are a Postal worker, for example, and claim that you are unable to perform your physical duties as a Letter Carrier, Mail Handler, etc., but you have an Internet Web Page which claims that you are physically fit, a Facebook photo that shows you running a marathon, or a business that involves physical labor, etc., they will use your own postings against you.  Or, perhaps you are a Federal employee who can no longer perform a cognitive-intensive job, but have an Internet-based business as a consulting firm, or some similar work requiring cognitive-intensive work.  Guess what?  OPM may use that against you.

Of course, claims made on the Internet can be quite misleading.  For example, you may be a partner for an Internet-based business in “name only” — meaning that all of the work is done by a sibling or a close friend.  Or, it may be that the “self-pacing” element of running your own business is what allows you to have such an Internet-based business.  However, be that as it may, you should be aware that OPM is the Silent Troll who collects such information for a singular purpose: To deny your Federal Disability Retirement application.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and begin to safeguard a benefit which is your right to assert.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Delaying the Inevitable

In our “heart of hearts”, we already know.  Whether it is a broken relationship, an unrepairable mechanical device, the old air conditioning and heating system that has seen its last days — or of needing to file for Federal Disability Retirement benefits under FERS — we already know; and yet, we delay the inevitable.

Do miracles happen?  If we stop thinking about it, will the problem just somehow go away?  Out of sight, out of mind?  Human beings have that capacity, don’t we?

Whether it is beyond the next mountain, sometime after Labor Day, maybe in the New Year — or “sometime next week” where next week is always the week after; whatever the timeframe we allow for the delaying of the inevitable, we focus upon a hope which surely must someday encounter the reality of our circumstances.  The inevitable is just that — a reality which we must face; but the delay allows for an interlude and self-delusion to procrastinate the encounter with reality.

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, delaying the inevitable — of needing to file for Federal Disability Retirement benefits under FERS with the U.S. Office of Personnel Management — is often engaged in because of the great hassle in facing a dominant and dominating Federal bureaucracy.

Contact a FERS Disability Attorney who deals with OPM on a daily — nay, hourly — basis, and leave the inevitable to an experienced lawyer in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Future Robbing Present

How much time do we spend worrying about the future?

In this concerning age, where debts keep rising, expenses keep increasing, wages remain stagnant and instability around the world continues as a reality we are all faced with — the amount of time spent in anxious anticipation of a future not yet established is a reality which we all must constrain.

Planning for the future is a necessity; articulating plans and loosely following them, a nuisance; but what of worrying about a projected experience not yet upon us — is it a mere waste of time?

The future robs the present by keeping our focus outside of the experiences of the present; whether by brooding about it, being lost in thought for it or merely fidgeting with anxiousness towards it; it all amounts to the same:  The joy of a present experience is lost because of the worry which overwhelms us.

Of the past — we tend to relish or regret it; but inasmuch as it is something that has already occurred, we do not obsessively remain in that time slot; unless, of course, we fear the consequences of past actions upon future events.  But it is for present circumstances that may trigger future worries — as in a medical condition currently experienced that we project into the future as to the medical condition’s capacity to impact our anticipated lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition will likely prevent the Federal or Postal worker — in the future of, say, 6 months hence, 12 months beyond, 3-5 years of becoming — from performing one or more of the essential elements of his or her Federal or Postal job, it is always a good idea to consider early in filing for Federal Disability Retirement benefits under FERS.

If worry for the future is robbing the present, then it is time to consult with an Attorney who specializes in Federal Disability Retirement Law.  Worrying about the future will not change or alter the course of events yet to come; to prepare for a pathway towards such change for the future, it is wise to first consult with an experienced Federal Disability Retirement Attorney, lest the future come upon you unprepared and like a thief in the night robbing you of your present.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The little pleasures in life

One often suspects that the concept itself was invented by the wealthy and scornful — perhaps in some back room where caviar and champagne were being served, and someone whispering, “Let the little people have some little pleasures in life…”.  It is that which we are prevailed upon to believe as the ultimate contentment of life: of the “little pleasures” that pass by as the greater significance, as opposed to owning an original Monet or a Renoir.

Is it all bosh?  Does sitting alone with a fresh cup of coffee before the din of life invades — can one glean any greater pleasure than that very moment of quietude just before?  When one stands in those rare moments of uplifting insights — as when, on a clear and darkened sky, you look up and see the trail of a shooting star — does the fact that everything else in the world seems to be falling apart make up for it because you suddenly realize the majesty of the colorful universe above?  Or of a playful lick from your pet dog, the squealing laughter from a child’s joy, and even of the simple pleasure of reading; do these bring greater pleasures than caviar and the roar of a yacht’s engine?

Perhaps there is truth in the admonition of the wealthy that little people should be allowed to enjoy the little pleasures in life; otherwise, what would we all be left with?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where 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, the little pleasures in life will often have become the greater tragedies of reminders — reminders that you cannot even do those things you once took for granted.

When that critical juncture of realization comes about, then there is often the further recognition that it is time to prepare, formulate and file for Federal Disability Retirement benefits, to be submitted through the U.S. Office of Personnel Management, in order “go back to the basics” — of prioritizing one’s health as opposed to work and career; of regaining the little pleasures of life, like having a restful sleep without the interruption from pain or anxiety.

For, in the end, whether born of wealth and privilege or of ever struggling to meet a bill, it is truly the simple pleasures of life that provide for the foundational clarity of truth in a world that promotes falsity that becomes revealed when the importance of one’s health comes to the fore.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: King for a day

There are, then, those highs and lows which everyone experiences; of days when one has successfully maneuvered through the pitfalls of the day, and where troubles, problems and difficulties have been either overcome or avoided — both of which amounts to the same thing in most instances.  To be King for a Day — is it a mere feeling that obfuscates the reality of one’s situation, or a reality based upon a metaphor hanging on a cliff of a proverb?

The world for the most part leaves the rest of us the crumbs off of the tables of the wealthy and powerful; the sense that we have any real control over our own destinies is tested when something goes wrong, and we try and correct it.  The rest of the time — of being King for a Day — is to just make us feel like we have any such control on any given day.

Take the Federal or Postal employee who struggles with 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 — some days, when the medical condition subsides or it is merely one of those “good” days, it may feel that destiny is within the palm of your hand and that the day’s brightness allows for a future with the Federal Agency or the Postal Service.

But then the inevitable “setback” occurs, and the cycle of the “bad day” comes along.  Then, one day the Federal Agency, with its co-conspirators of supervisors, managers and some coworkers, or the Postal Service with the same cabal of backstabbers, begins to initiate adverse actions with steady and incremental deliberation — of leave restrictions; unreasonable and baseless denials for extended leave or FMLA; letters of “warnings” and even placement on a PIP; and then one asks, Whatever happened to that feeling of being King for a Day?

Life is full of struggles and difficulties; we rarely are able to get a full handle on the future course of unanticipated troubles, and that is why preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is so important to get started early and well on the right track.

Being King for a Day is never the solution to the lengthy process of life’s misgivings; for, in the end, it is the Court Jester who hears all and counsels well, just like the lawyer who specializes in Federal Disability Retirement Law.  If only King Lear had listened to the Fool — what disasters he would have avoided!

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Best/Worst Case Scenario

It is a procedural approach, and those who engage in it often have the greater talents akin to science, engineering, mathematics and symbolic logic.  It is the person who views every contingency in terms of best and worse case scenarios before deciding upon a determined course of action.

But how accurate is the “best” and the “worst”?  How can one determine if the informational input that is “fed” into the substance of that which will result in the output of what is described as the “best” and the “worst” is accurate enough to make it even worthwhile?  Does a gambler enter into a casino and make such assessments? Of thinking to him/herself in terms of: If I place X amount on the table and lost it all, what is the best case scenario, and what is the worst?  When a person begins a career, does he or she begin life with the same approach?  How about marriage?  Or having children?  Or, is it more likely that such an application really has a very limited impact, and should be used sparingly in the daily events of life’s encounters?  Is that a false set of alternatives precisely because there are many incremental and relevant “in-betweens” that may determine one’s course of action?

Perhaps the picture painted of the “best” scenario of outcome determinatives need not be the basis for one’s decision, and even the “worst” case scenario need not be the minimum standard or quality of life that we would accept, but somewhere in between or just shy of that extreme cliff that we have described?  Perhaps they are false alternatives when we present it in that light, with only those two extremes of alternative realities to consider?

For the Federal or Postal employee who suffers 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 job with the Federal Agency or the Postal Service, preparing an effective Federal Disability Retirement application does not need to be based upon false alternatives presented, but should instead be based upon a pragmatic step towards recognizing the reality of one’s medical condition, its impact upon one’s capacity and ability to continue in a job or career that may be detrimental to one’s health, and proceed based upon the totality of factors considered – but primarily with a view towards safeguarding one’s health.

Health is that “other factor” that tips the balance of what is the best or worst case scenario; for, in the end, there is no scenario at all without one’s health.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement under FERS & CSRS: The character of each day

What does the day bring?  Do we awaken, put our finger up to the winds of time or the breeze of the day and ask that question before getting up, dressing and opening the door into a world beyond that may or may not fulfill the promises we believe to be granted?  Or, regardless of the indications, the barometers that forewarn or the compass that fails to direct, do we nevertheless move forward and tackle the challenges faced or otherwise deliberately and willfully avoid?

Does it make a difference, in an “objective” sense, whether we consult the horoscope or check the biodynamic calendar to see if it is an “unfortunate” day to engage in this or that activity; or to stay away from groups of people identified by certain signs or symptoms, revealed or otherwise concealed?

What determines the character of each day – the world at large, the elements within, of the person who steps out into the world?  Or, like the old puzzle that even the Sphinx could not answer, is it by genetic dominance, predetermination and the innate structure of our DNA, or the environment that one is brought up in that forms and conforms the individual personality, content and essence of an individual?

It is always interesting to observe the ritualistic tendencies of each individual that one engages in before battling the turmoil of the day’s challenges; whether one exercises before or after; does eating a meal energize or bloat; are there superstitions embraced before the car door is opened and shut and the engine of time begins the day; these and more determine the character, for many, of each day.

For the Federal employee and U.S. Postal worker who must by necessity battle with the medical condition unasked for, unsolicited and without regard to a choice of superstitions allowed, the character of each day has already been somewhat determined.  The only question remaining is, can you endure the harassment from the job, the lack of respect and the constant undermining of accommodations requested by forging forward despite the lack of character in others already shown each day, or is it time to prepare 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?

Sometimes, the character of the each day is determined not so much by the content of one’s own inner strength, but by the lack thereof in others, and that is something that you cannot do anything about except to “move on” and leave behind the Federal agency or the Postal facility that fails to show any character at all, each day or any day.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The advantageous disadvantage

In life, we often fight over things even when the goal has already lost its meaning, or the resources expended far outweigh the benefit to be gained.  We take advantage of things, people, and other concerns, despite knowing the consequences of harm to the very essence of our being.  It is as if the evolutionary core of our DNA determines our actions, like addiction upon the dawn of broken promises and childhood wisps of tearful mournings left behind.

Determination of actions despite knowing, and despite the constant drum of billboards, radio advertisements declaratively preaching against, and the distant voice of one’s nagging mother — ineffective reminders like shadow boxing before the perfect storm.

For Federal employees and U.S. Postal Service workers who struggle daily with 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 positional duties with the Federal agency or the U.S. Postal Service, the daily fights and taking advantage of the slow process of justice in remaining in the Federal job or the Postal position, is a toil of principle; but of what gain is there if one’s soul is being destroyed?

The Leviathan of Legendary Lore bespoke of creatures who destroyed without care or compassion; and today’s metaphor of such monsters are represented by gargantuan bureaucracies which crush without blinking an eye, unaware of just another number in a long line of conquests like unnamed tombstones in an abandoned graveyard.

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, is a step towards taking advantageous advantage over a situation which has become untenable; the procrastination and delay in order to fight the Goliath of modernity, is to remain in a rut where one may continue to take advantage of a disadvantageous situation, and remain in the clutches of a slow torture, like the frog who sits comfortably in a pot of warm water, unaware that it sits on a stove set for boil.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Balance of Body

Have you ever noticed that, if you attempt to compensate with one extremity over another, whether because of pain or temporary incapacitation in an attempt to alleviate and relieve the lesser limb, that the one in use becomes slowly debilitated as well?  The body is a balanced mechanism; it is designed to work in coordinated fashion, as a unit of entirety.  It may well be that if one component of that working aggregate requires temporary suspension, that another unit may, for a time, serve as the greater replacement by working “overtime”; but in the end, all workers are expected to return to full labor, lest the entire operation itself shuts down.

That is why pain and similar symptoms serve as a warning system for a greater condition.  People often think that compensating for a medical condition can be derived through persevering and ignoring; instead, what happens is that the other parts of the body begin to shut down and deteriorate.

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 positional duties in the Federal Sector, the attempt to overcompensate often leads to greater exacerbation, both in terms of the medical condition itself, as well as for the agency through bringing greater attention to one’s self.

It may be that a Federal or Postal worker may, for a time, get away with persevering and neglect of the warning systems; but in the end, the intricate and delicate balance of body, like the greater ecosystem of nature, will begin to reveal signs of wear and decay, and the time lost in taking the necessary steps will merely be unrecoverable segments of lapsed periods, where commas and pauses needed to be overcome in the preparation, formulation and filing of a Federal Disability Retirement with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire