OPM Disability Retirement under FERS: The Long Slog

Whether impatience is a uniquely American characteristic (a flawed one?) or is merely something inherently inseparable from the human species generally is a debate for anthropologists and similar academic theoreticians to engage; but in any event, it does appear to pervade the American character in pervasive plenitude.

We are impatient about almost everything — and appear to be willing to abandon all “old ways” in favor of the “new”.  This leads to some disastrous results — as in our impatience for conflicts that last too long and our quick willingness to abandon our efforts because our goals were neither quickly nor easily achieved.

The Long Slog is always problematic for the impatient — for, it means that we must commit time and resources for periods beyond a murky, endless timeframe.  How long something takes cannot always be clearly quantified, and often the anticipated length must be ignored and, instead, achievement must be measured not in terms of time, but in light of merely remaining and showing a steadfast commitment to honoring a timeless commitment.

This is often difficult because other thoughts begin to intrude during the endless lull — Are we wasting our time?  What if we are throwing away good money after bad (a very common thought);  What if we never achieve our goal?  And many more such concerns, besides.  How do we counter the natural concerns of the Long Slog?

First, by clarifying at the outset one’s commitment to a process, and recognizing that the stated goal can only be achieved without regard to time, and Secondly, to accept that any timeframe anticipated should be multiplied by a factor of 10.

Commitment is a difficult value to uphold, and that is why a marriage covenant is so often broken — for, who can even conceive of honoring a promise “Till death do us part” without knowing the particulars of what a lifetime will entail?  All that goes into a “lifetime” — of joys and sorrows, of happiness, suddenly overshadowed by sickness and tragedies unforeseen — in short, the normal history of all of mankind.

Thus do so many people end in divorce and, similarly do long-term commitments become abandoned and forgotten human detritus.

Likewise, when a Federal or a Postal employee decides to engage in the process of preparing, formulating, and filing a Federal Disability Retirement under FERS through the U.S. Office of Personnel Management (OPM), one must mentally prepare for the Long Slog.  It is a long and arduous, complicated bureaucratic process involving potentially 3 stages, and with an “almost certainty” of an initial denial from OPM no matter how well-crafted and fully documented the initial filing is composed.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and begin to prepare for The Long Slog.

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: Other World’s Thoughts

Are there other worlds which think differently?  When you hear of other cultures; of other societies; of people speaking in response to questions posed — Do we suddenly become jolted by the cultural differences, of thought processes which sound foreign and alien, and think, “Wow, is it possible that they think differently than I do?”

Perhaps, it has to do with marriage — of arrangements that still lead to a happiness which we cannot fathom.  Or, of cuisine that doesn’t quite agree with what we consider acceptable staples; or even of freedom — of restrictions, of political speech which is restrained and constrained by fear, intimidation, etc.  Are there, within a reach’s distance, other world’s thoughts which appear foreign and distant?

Certainly, for Federal Gov. employees and U.S. Postal workers who suffer from a medical condition and need to file for Federal Disability Retirement benefits under the FERS system — the foreign language required by the U.S. Office of Personnel Management in order to qualify for Federal Disability Retirement benefits; it is, in essence, Other World’s Thoughts.  It is a language replete with legal jargon and foreign phrases; of case laws applicable and statutory authorities inviolable.

In order to qualify for Federal Disability Retirement benefits under the FERS retirement system, it is tantamount to needing to know a foreign language.

Contact a FERS Attorney who is familiar with that “foreign language” of OPM Medical Disability requirements, and understand that, yes, it is indeed Other World’s Thoughts.

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 Medical Disability from OPM: Goal Posts and Definitions

In modernity, we have taught our kids that rules don’t matter, that we can subvert, avert, avoid and appease; if you don’t like the goal post, dig it up and move it; or, if you don’t like the rules, change the definition.  No one complies, anymore.  We no longer say or have the attitude of: Okay, rules are rules, we have to obey them.

Instead, because we are a country of lawyers, where argumentation and logical conformity are not based upon unquestioned acceptance of normative rigidity, we say:  Why should X be defined as Y?  Why does a goalpost have to be situated within X-number of feet of the demarcation-line?  Let’s move the goal post; let’s change the definition; let’s perform linguistic gymnastics and open-language surgery upon rules, definitions and mandates we don’t agree with.

Where did that defiance against conformity come from?  From whence did it originate?  Was it because the Post-WWII generation and beyond decided that all punishments were cruel, that delayed-gratification was a sin, and everyone should get a prize for participation, and there should be no acknowledgement of “winners” as opposed to “losers”?

Fortunately, in some areas of life, goal posts must yet remain within the confines of the end zone, and definitions must remain somewhat unchangeable and static.

For example — in the arena of Federal Disability Retirement Law.  Yes, the U.S. Office of Personnel Management can often ignore “the law”; and yes, OPM can sometimes mis-state the regulations governing Federal Employee Disability Retirement Law.  But when they do, there is always the potential danger that if it gets to the Third Stage of the complex bureaucratic process, the Administrative Judge at the U.S. Merit Systems Protection Board will “correct” the error, the mis-statement, the mis-application, and right the wrong.

Additionally, it is a good idea to have a FERS Attorney who specializes in Federal Employee Disability Retirement Law throughout the retirement process, in order to make sure that OPM is not moving the goal post, and is not bending the definitions as delineated in statutory authority.

Contact a FERS Disability Attorney who specializes in Federal OPM Disability Retirement Law, and make sure that the goal posts are not being moved, and the definitions are not being compromised.

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 Attorney Help: The Hammer or Screwdriver

They are two different tools or implements; of the latter, a connotation not of the tool itself, but the approach to take.  In grammar (do we even teach that in schools, anymore?), the term “implement” can be either a noun or a verb.  As a noun, it is a tool, utensil or other piece of equipment.  As a verb, it means to act upon a decision made or plan devised.  In either meaning, it is the application of X upon Y, as a tool to use or a decision to move forward upon.

As to the specific tools — the hammer or the screwdriver — the application of either depends upon the work to be done.  As metaphors, they denote differing approaches.  The way of the hammer is to pound whatever it is which needs to be driven in; the approach of the screwdriver is to slowly and methodically twist and turn the screw until it attaches and secures the two or more surfaces which previously remained separate and apart.  The manner and approach between the two differ considerably, but both in their completion manage to do the job required.

In Law, the two approaches require thought and planning.  The “hammer” approach, of pounding the law aggressively; the “screwdriver” way, of a quieter, more persuasive tone.  The choice between the two depends upon the circumstance, the audience, the goal and the plan.  For Federal Disability Retirement applicants, the manner and approach of applying the law is important.  What you say; how you say it; the hammer approach or the screwdriver manner — that is the province of an experienced lawyer.

Contact a FERS attorney who specializes in Federal Disability Retirement Law, and consider whether in preparing, formulating and filing an effective Federal or Postal Disability Retirement application under the Federal Employees’ Retirement System (FERS) with the U.S. Office of Personnel Management, you should use the hammer approach, or the screwdriver methodology.

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.

 

Medical Retirement under the Federal Employees Retirement System (FERS): Money

We all groan about it (well, perhaps there does exist a 1% who never worries about it).  We complain and moan.  There is never enough.  When an unexpected amount is received, it provides a momentary thrill.

Idealists bemoan it but recognize its transactional necessity in an economy no longer viable in bartering terms; talking heads who self-proclaim to be “financial experts” (whatever species of animals they are, no one knows) talk about value, worth, “printing too much”, “pumping” too little, etc., leaving us all confused.  In the end, it is always a matter of, “How much”.

For Federal Employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates filing for Federal Disability Retirement benefits under FERS from OPM, the question of “how much” is a simple calculus of receiving 60% of the average of one’s highest-3 consecutive years of Federal Service for the first year, then 40% every year thereafter until age 62, at which point the annuity gets recalculated based upon the total number of years of service when you reach age 62, including the time that you are on disability retirement.

Thus, you are actually “building up” your regular retirement by being on disability retirement, as those years you are on disability retirement count towards your total number of years of service when recalculated at age 62.

Imagine that — you receive an annuity (money) while on disability retirement, and at the same time, you are building up your retirement system so that, when you turn age 62, those years you were on disability retirement are calculated and added on to the years of Federal Service you had before you went on disability retirement.  It is money well earned and deserved.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employees with Permanent but Partial Disabilities: The Delay of Time

We grumble and complain about “losing” an hour in Spring’s moving forward for the time change, and are glad to accept the “gain” of it in the Fall.  In either case, we recognize that we have neither lost the hour, nor gained it; it is merely the artificial alteration of clocks uniformly and by international agreement accepted.

The true loss is in the delay of time — of our actions, our thoughts, our lack of initiative in moving forward when necessity dictates a change in our lives.

Medical conditions tend to do that — they force us to delay time, hoping that it will go away, change course, and one day deemed to have been merely a bad dream, a nightmare to be forgotten.  But they remain with us — slowing us down, delaying the inevitable: Our career needs to change; we need to adapt to our circumstances.

For Federal employees and U.S. Postal workers who suffer from a medical condition and have been hoping that the delay of time might change some things, it should be clear that time is never a friend of an injury or disease — it merely provokes us into the false notion that time will ultimately heal.

Contact an OPM Disability Attorney who specializes in FERS Disability Retirement Law and consider that the delay of time will only make an emergency out of what is now merely an urgency.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Stress and the Hectic Life

Most of us have little choice in the matter.  There are, of course, those very few who have the opportunity to control the pace of life — the Royal Family, perhaps, who can have servants and butlers, cooks and maids perform all of the “chores”, allowing for greater leisure time and reflective postures of contemplative living.

Wealth has always been a component of leisure; yet, the self-contradiction is evident all around us: It is the pursuit of wealth which is the obsession of modernity; wealth is allegedly pursued in order to have a life of leisure; and yet the pursuit itself is what creates the hectic life and the stresses we live in.

That is also the advertising gambit, is it not?  Almost every product sells the commodity of the “better life” — that X-product will save you time; Y-product will make you “feel” more peaceful, more powerful, more whatever.  That which we pursue to escape is the very basis of our self-immolation; that is the rule of modernity.

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, filing for Federal Disability Retirement benefits may not get rid of — entirely — the stress and the hectic life.  However, as medical conditions are often the greatest stressor in life, to at least alleviate the hectic part of your life by allowing you to retire on disability and give you more time to focus upon your health — well, at least it is a start.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and begin to reduce the stresses in an otherwise hectic life we seem caught up in.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal OPM Disability Retirement: The Troubled Life

In one sense, all lives are troubled; otherwise, we would not be speaking about life at all, for “life” itself is a series of troubles encountered.  Every now and again, we hear about a life which was “privileged” or “blessed” — of a carefree, essentially trouble-free existence.  But how long can that last?  And was it truly an advantage to have such a childhood?  For, part of “growing up” and preparing for the “real world” is to introduce internal tools to “deal” with problems encountered.  If a child is not properly prepared to handle and engage in the task of problem-solving, then he or she will indeed be at a disadvantage when first entering the world at large.

There are troubled lives, and then there are the rest of us — of lives with troubles.  The troubled life is one in which transition from childhood to adulthood never occurred because proper preparation was never allowed for.  The troubled life that the rest of us lead — of a life full of troubles, often like an endless series of problems to be solved — is simply the norm of regular living.  This life is a troubled one precisely because life itself presents an endless series of challenges to be solved; and it is the “how” of that encounter that makes all of the difference. It is never a static continuum, however, and there are times in life when there are more troubles than in other times.

For Federal employees and U.S. Postal workers who must confront the troubles of a medical condition and all that it entails in trying to perform all of the essential elements of one’s Federal or Postal job, the time to file for Federal Disability Retirement benefits may have arrived.  Proper preparation; an effective application; the “tools” needed to maneuver through the complex administrative process; these are all “troubles” which need to be confronted and “problems” to be solved.

The “troubled” life for a Federal or Postal employee contending with a medical condition remains so unless the tools of resolution are applied, and in order to utilize the proper tools to resolve the troubled life, it is best to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Benefits: Succor

It is an unused word, likely because no one knows how to properly pronounce it, and even if it is pronounced properly, it would be misunderstood and thought to have either been misused or viewed as a blot against the user for attempting to insert a word in a conversation which nobody comprehends the meaning of, anyway.

It is a noun.  It is defined as providing “assistance in times of distress or hardship”, as in, “X gave succor to Y when he most needed it”, or some such similar usage and application.  Or: “The succor provided was inadequate”, or “Mary was succored by the community and greatly appreciated such kindness”.

Do words that never get used matter?  Why are there synonyms, and not just a single word describing a singular event or occurrence, and are there societies in which a 1-to-1 ratio of word-to-phenomenon is so unique as to never lack for clarity precisely because the reservation of a particular word has a singularity of meaning such that there can never be a deviation from its proper application?

Words have meanings — thus stated in the plural, we recognize that either in the subject or in the predicate, the multiplicity of applications can result in confusion.  How about the following: A single word has a particular meaning.  But that is not true; at least, not in the English language.

For Federal employees and U.S. Postal workers who are undergoing hardships because of a medical condition, such that consideration must be given to filing a Federal Disability Retirement application through OPM, seek the succor of an attorney who specializes in Federal Disability Retirement Law.  In other words: Look for guidance and counsel from an experienced attorney who knows the process of filing an effective OPM Disability Retirement application.

Why we need “other words” remains a mystery.

Sincerely,

Robert R.McGill, Esquire

 

FERS Disability Retirement: The Inevitability of Change

It is a tautology; for, “inevitable” encapsulated and embraces the term “change”, and one presumes that, in applying and comprehending the word “change”, there is a sense of inevitability contained within it.

Thus do we assume certain truths which naturally follow: If you don’t like the weather, just wait a moment (for, the natural course of the universe dictates that the weather will change over time); if you are dissatisfied with your life today, ride it out (for as circumstances appear static for the moment, time will resolve many of the uncertainties faced today); and similar dictums of sagely advice.

What we are not told, however, is that which we have already accepted by experience:  That “change” is too often a negative component, and that is why we believe that things almost always change for the worse.  That is the byline for the pessimist, of course: That good things never last; everything changes for the worse.  The optimist, on the other hand, always tries to squeeze the good out of anything that worsens, and tries to see the glass as half full, instead of half empty.  Whether you are an optimist or a cynic, both accept that change is inevitable; the difference is merely in how one perceives the change.

Then, of course, there is the human element — of affirmative actions taken by an individual or a multitude of individuals in performing acts that contain or otherwise alter the course of change.

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, change is inevitable.  Whether by being placed on a “Performance Improvement Plan”, or the increasing harassment perpetrated by the Federal Agency or the Postal Service — or in the inevitability of a termination — the medical condition itself will normally and often dictate the need for change.

The “human element” is the action taken by the Federal or Postal employee in preparing, formulating and filing an effective Federal Disability Retirement application, where the affirmative intervention of actions taken may change the ultimate outcome of life’s trials.  Yes, the inevitability of change is a given; but how that change will come about and what outcome is to be determined will depend upon the Federal or Postal employee who recognizes both the inevitability and the need for change, but moreover, of how to go about initiating the process.

Sincerely,

Robert R. McGill, Esquire