Federal Employees Retirement System (FERS) Disability Retirement: What We Don’t Know

Age brings us closer to realizing the truth of Socrate’s refrain: That I really don’t know anything or, more to the point, much of anything.

Youth allows for brashness of arrogance; in middle age, perhaps some slight hesitancy; of getting older, one realizes the extent of or lack, and the vast knowledge which we will never be able to understand.  Most people “wing it” — in other words, act “as if” they have some knowledge, that they possess an “expertise” or some secret to an apparent success attained.

Social Media, Facebook, Instagram — these, of course, mask and hide the inadequacies behind the facade of competency.  Few people nowadays admit to an imperfection, a lack of, an ignorance for, etc.  Thus do we no longer have the Socratic Method where questions are peppered in order to reveal the disguised ignorance which most people walk about with.

But let’s be clear: What we don’t know can, in fact, hurt us, and to fail to acknowledge one’s lack of knowledge can have dire consequences.

For Federal employees and U.S. Postal Service employees who intend on filing for Federal Disability Retirement benefits under FERS, you should take the time to read the case-law which has developed and evolved over many decades, in order to at least understand the underlying issues which can complicate a Federal Disability Retirement application.

Or, contact a Federal lawyer who specializes in Federal Disability Retirement Law and let him inform you of what you don’t know.

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.

 

Office of Personnel Management (OPM) Disability Retirement Benefits: Where to Start

Of course, the “where” is not properly the true concern — for, it is not the location, but rather a different sense of the word that is applied.  The “where” concerns the juncture or the beginning point of a process; of what information to gather; the arguments to be made; the emphasis upon which to direct their attention; the nexus that must be established, etc.

While all that must be gathered, argued, collected, assembled, collated, described, delineated, combined, etc. — the “where” is often meant to merely be a beginning point that is logically ensconced within the entirety of the complex process.

For Federal employees and U.S. Postal workers who ask that question or query that puzzle, the answer is simple: Begin with the foundation.  And, what is the foundation?  The foundation is the medical concern itself; and once the foundation is laid, then to work towards the conclusion as to why the Federal or Postal worker can no longer perform all of the essential elements of one’s Federal or Postal job.

Where to start?  Contact a disability attorney who specializes exclusively in the field of OPM Disability Retirement Law, and begin from there.  For, in the end, that is clearly the logical beginning point of the complex process involving the bureaucratic morass of Federal Disability Retirement Law through the U.S. Office of Personnel Management.

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.

 

Postal & Federal Employee Medical Retirement: The Bumpy Road Ahead

Life is always a rough-hewn piece of wood; and yes, while the grains may possess and reveal beauty, and sanding or polishing may bring out the inner, granular quality which depicts the artistry of nature, still — the bumpy road ahead remains just around the corner.

Sometimes, you see two young people in a cafe gazing dreamily into each other’s eyes, and you have to resist going up to them, slapping them gently over their heads in order to awaken them from the unreality of the moment.  Or, perhaps the better approach is to leave things alone — as life is full of problems and disappointments, let them have their respite of escape from the harshness of 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 his or her Federal or Postal job, the bumpy road ahead likely includes the fight against the U.S. Office of Personnel Management in getting a FERS Disability Retirement application approved.

It is always a fight.  And like the rough-hewn piece of wood, it takes hard work to get past the splinters and obstacles before the “beauty” part can be reached.  Contact a lawyer who specializes in Federal Disability Retirement Law and let the specialist handle the bumpy road ahead.

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.

 

Office of Personnel Management (OPM) Disability Retirement Benefits: Other Languages

Learning another language is an interesting phenomena — one requiring difficult dedication, a capacity for memorization (even with access to Google and the easy tools of translation, vocabulary, etc.) and a requirement of patience.  Perhaps you studied the language in college, or grew up in a foreign country where, as a child, speaking it was a natural way of life, somewhat like the process of osmosis.

Each language, of course, has its subtleties; some are more foreign than others.  French uses many words similar to English; Japanese or Chinese, on the other hand, are languages which do not share a common origin, and thus are often considered more difficult to learn.

Pronunciation of any foreign language is another matter altogether.  In some ways, the process of learning a foreign language is akin to learning a new “language game” — to understanding and comprehending terms and concepts in a different field or discipline.

Filing for Federal Disability Retirement benefits under FERS is somewhat like learning a new language, and the fluency with which one masters the concepts and legal strategies will often determine the pathway of success or failure.  Contact an OPM/MSPB Attorney who specializes in Federal Disability Retirement Law, and leave the learning of this “language” to an expert who speaks it fluently.

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 Employees Medical Retirement from the OPM: In a Vacuum

We often try and look at a thing “in a vacuum” — meaning, by viewing it without relation to other things, we believe that we can approach the viewpoint in a more “objective” manner.  But objectivity itself takes on many forms, and often objects, words, concepts, etc., possess their meaning and identity precisely because of the relationships established, and when you strip away the nexus between A and B, the loss of meaningfulness is profound.

Such is the case with Federal Disability Retirement Law.  While Social Security requires a higher standard of “total disability”, and thus will view a medical condition within categories of differentiated severities, a medical condition in a Federal Disability Retirement case cannot be viewed in a vacuum but, rather, in relationship with the type of duties the Federal or Postal worker must perform.

When a Federal Disability Retirement application is being reviewed by the U.S. Office of Personnel Management, they will often try and argue the case in a vacuum — for, that is to their advantage, in order to deny a claim.  But it is the job of the attorney representing a Federal or Postal worker to point out the statutes and case-law, and to always bring OPM back to the reality of their legal obligations — that a medical condition can never be viewed in a vacuum, but only in its relationship to the positional requirements of the job.

Contact an OPM Attorney who specializes in Federal Disability Retirement Law, and don’t look at your situation in a vacuum — but always in relationship to the laws which protect you.

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.

 

Disability Retirement from the USPS and other Federal Gov. Agencies: Loyalty in Our Time

As a member of The Band, Levon Helm was a fiercely loyal member who was extremely critical of his fellow musician, Robbie Robertson.  The issue which centered upon the bitter feud involved royalties (as all feuds throughout time immemorial involve money) — of who should receive it; what constitutes “writing” a song; who should get credit for it, etc.

There are many adages which our grandparents used to offer — of sayings beginning with, “There are two types of people in the world”, etc.  One such saying might begin with: “There are two types of people in the world — the Levon Helm type, and the Robbie Robertson type…”

The controversy involved the bifurcation of the following: How is a song written: by the origin of the idea, or by the end product involving a collaborative effort?  Levon Helm believed in the latter approach; Robbie Robertson, in the former.  In the end, what was considered as one of the greatest rock bands in the history of music — a group merely called, “The Band” — disintegrated into a bitter end because of a feud over money and loyalty.

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 question of loyalty in our time will test the Federal Agency and the Postal Service.

Should you inform them immediately about your intention to file for Federal Disability Retirement benefits?  How will your past loyalty to your Federal Agency or the Postal Service be “repaid” when they find out that you are filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management?  Will the Federal Agency or the Postal Service act like Levon Helm — fiercely loyal — or like Robbie Robertson?

To protect yourself and learn the lesson of loyalty in our time, contact a disability attorney who specializes in OPM Disability Retirement Law.

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 Benefits: The Trick Question

There are many.  In the media, it is often described as the “Gotcha” question — where the reporter springs upon the unwary target a query which cannot be answered without placing one in a negative light.

Or the lawyer’s cross-examination barrage beginning with, “So, Mr. so-and-so, Yes or No — did you ever stop beating your wife?” (Such a question, of course, is rather laughable and should be immediately objected to; but the “fun” of the question is that the answer becomes a quandary: If you answer, “Yes”, it means that you are admitting to beating your wife but that you merely stopped at some point; if you answer, “No”, it means that you continue to beat your wife.  Either way, you have shot yourself in the proverbial foot).  And there are many others — of “trick” questions to get you into the proverbial hot water.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents you from performing one or more of the essential elements of your Federal or Postal job, the Standard Forms contain many and multiple trick questions.  They may not be intended to actually trick you, but the manner, form and content of your answer may become problematic in the way in which they are answered.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law and make sure that the “trick” question doesn’t do what it is meant to do: To trick you into answering it in a way which you don’t intend to, or otherwise shouldn’t need to.

Sincerely,

Robert R. McGill, Lawyer

 

Disability Retirement for Federal Employees: This Failing World

If one listens too much to the din of daily news, you can come away with the interminable conclusion that this is a failing world.

It used to be a different conceptualization; we once called it a “fallen world”, and the term “fallen” allowed for a number of explanatory references which are for many no longer relevant today, to include: of a loss of paradise; of the consequences of Adam and Eve’s actions; of a connection to the Biblical narrative; of the consequences of sin, etc.

The Post-modern terms — of a “failing economy”; a “failing Congress”; a “failed presidency”, etc. — these no longer imply or infer a connection to a theocentric universe, but instead, puts the blame squarely upon our own actions or inactions.  We once had a central theme in ascribing blame; these days, we take care to point fingers at various and multiple sources of ineptitude, thereby ending up blaming no one.

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 worker to perform all of the essential elements of one’s Federal or Postal job, the issue of “failure” in a failing world often comes to the fore: Failure of the body to cooperate any longer; failure of one’s mind to tolerate the everyday stresses of the workplace; failure of one’s Federal Agency or the Postal Service to accommodate one’s medical condition; and this “failing world” in failing to work with individuals with medical conditions.

Contact a disability lawyer who specializes in Federal Disability Retirement Law and begin the process of initiating an effective Federal Disability Retirement application.  For, in the end, you may find that even in a failing or fallen world, the success of your Federal Disability Retirement application may provide for a future of hope in this otherwise failing or fallen world.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement for Federal Employees: Stuck in Another Time

We live for a time — perhaps as a child, or sometime in our youth — then move on.  Later, perhaps someone refers to the city, town or county of those prior years, or you see a photograph of the place; what do we recall?

The memory of a prior experience, a place we once visited, a house we grew up in; despite the years which ensue, the knowledge that change occurs daily, and the realization that nothing ever stays the same: Yet, we remain stuck in another time.  We go through life saying things like, “Oh, I should take you back there — it is such a quiet and peaceful place!”  Or: “When I was growing up…”.

It is like going back to a reunion of sorts — likely, nostalgia for places once existed, results in disappointment, precisely because one’s memory, stuck in another time, never meets up to the expectation of perfection abstracted from an imperfect world.

Medical conditions have somewhat of a similar effect.  We tend to walk about with the image of youth — of that vibrant, fearless individual who once walked this earth.  Perhaps you once jumped out of planes in the military; or lifted weights, trekked through the woods for miles on end; ran, jumped, did marathons and always maintained your “fitness”.

Then, a medical condition hits.  It becomes chronic.  It progressively debilitates.  Still, stuck in another time, what is one to do?

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, consider filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

For, being stuck in another time does not mean that you should remain in a place which is no longer compatible with the current conditions you face.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Annuity: Words that Matter

Do words matter?  Or, are actions the sole province of a substantive discourse?

The words, “I love you” have swooned countless couples into foolishly entering into bonds which later fail; or of the promise, “Till death do us part” have been rendered meaningless by innumerable violations of infidelity and divorce.

In forming contracts, of course — even verbal ones — words make a difference.  The technical definition of complex transactions involving the transfer of money for goods; the regulatory oversights in government procurement agreements; and many others — they make a difference.

On the other hand, if a person boasts to no one in particular, or to everyone, or even to someone, that “I am going to rob a bank” — but then does nothing to initiate any actions towards that end, do the words matter at all?  Or, a person who sits and declares to himself, “I will get up and make some scrambled eggs in a minute”, and states this refrain 10 times a day but never gets up to cook the eggs, and doesn’t even have any eggs in the refrigerator — do those words “matter”?

And what do we mean by “matter”?  Does it by necessity imply some consequential effect from a cause which is motivated by intention?

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 words that matter are those which are formulated to effectively persuade the U.S. Office of Personnel Management to grant you your Federal Disability Retirement application.

In order for that to occur, contact and consult with an OPM Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and begin the process of formulating the words which matter.

Sincerely,

Robert R. McGill, Esquire