Tag Archives: usps notice of removal against disabled employee with excessibe absence

OPM Disability Retirement: The Value of Something

Or, perhaps a more appropriate title might be, “The value of everything”.  There has been an explosion of discussions in recent times, especially during the pandemic, of the “value” of things — from human relationships to the careers and work we engage in.

The older generation has questioned the “work ethic” of the younger generation, who have in turn responded with a philosophical query:  “What is the point of all of this if we hate what we do?”

Massive turnovers have occurred, and a paradigm shift has resulted on the scale of Thomas Kuhn’s thesis, but applied to the general population, as equally significant as the 16th Century Copernican Revolution which turned the geocentric universe on its head.

Are young people just lazy, or do they have a point?  Is there value in all work, or should work be viewed as a means to a greater end?  And beyond that, how do we assess the value of anything, and is there a universal principle to guide us all?

One thing is for certain — and that is, that anything of value is that which is worth fighting for.  At the most primitive level, how hard we fight for something reveals the underlying value of that something.

Now, whether or not the ascription of value we have rendered to an object or principle is right or wrong, may differ in opinions; nevertheless, at its most basic construct, it is a beginning point to ponder.

For Federal and Postal employees who have filed, or are intending to file, for Federal Disability Retirement benefits under FERS, the value of securing a lifetime annuity will be determined by how hard you want to fight for it.  To that end, you will likely need the assistance of a FERS Lawyer who specializes in Federal Disability Retirement Law, as the U.S. Office of Personnel Management (OPM) does not easily issue an approval for a Disability Retirement application.

Contact today an OPM Disability Retirement Lawyer who practices exclusively in fighting on behalf of Federal and Postal employees to secure your right to Federal Disability Retirement benefits under the FERS system, and consider the value for that which you are fighting for.

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.

 

Federal Disability Retirement: The Value of Complaint

The older generation would probably disagree.  For, complaining about anything in this world “never gets you anywhere”, is the refrain often heard from a generation which endured the Great Depression, a World War, the Cold War, nuclear threats — and, more recently, of global terrorism.

And where did “complaining” get us?  Nowhere.  Government keeps getting bigger and bigger, more intrusive into our lives, while the services offered become less efficient.  Things always seem to get worse, over time, despite promises of greater efficiency and openness.

Yet, there is a value in complaining — at a minimum, of simply releasing the pent-up frustrations amassed through standing in long lines, inability to get through to a live person on the telephone, and a myriad of other frustrations and withheld, repressed irritations.  Complaining also has the value of letting your concerns be known to others.

There is, of course, a “fine line” between complaining (a negative connotation) and expressing one’s “concerns” (a valid, more-acceptable linguistic contortion that is somehow a “positive” engagement).  Perhaps it has to do with the accompanying tone of voice, facial expression, or just the plain fact that if the listening individual likes you, then you are expressing a concern, but if he/she decides to not like you, then you are “complaining”.

For Federal employees and U.S. Postal workers who are considering filing an effective Federal Disability Retirement application under the FERS system, through the U.S. Office of Personnel Management, “complaining” is a necessary component in preparing an effective Federal Disability Retirement application.  For one thing, you need to — at a minimum — have some documentary proof of your health complaints (i.e., have a history of medical treatment).  Moreover, it is often helpful if your agency knows of your health concerns (here we go again — a more “positive” way of putting it).

And when you are ready, call a Federal Attorney who specializes in Federal Disability Retirement Law, and begin to complain to him about the complex bureaucratic process of preparing, formulating and filing an effective Federal Disability Retirement case.  And as to the value of complaint?  I promise to listen.

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 the OPM: The Image of Self

We all hold one.  Some are more aware, and the balance held often reflects a proportionate causation to the healthy attitude presented.  Too much focus, dominating navel-gazing, an unrealistic caricature; too high an opinion; too whatever — of self-esteem, etc., will often lead to self-consciousness which prevents growth, maturity and acquisition of wisdom which should envelop the ego as one becomes an adult.

There is, further, the image of the “outer” self in contradistinction to the “inner”.  Progenitors of Wittgenstein’s philosophy will argue that the “inner” self is mere bosh — of materialism, technology and robotics; that we are merely the composite of synapses and that the proverbial “ghost in the machine” doesn’t exist; we are merely the aggregation of a neural network of cells.  Regardless, we hold an image of the self, whatever that may be.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has come to a critical juncture where you can no longer perform one or more of the essential elements of your Federal or Postal job, your self image is likely suffering, as well.  You are no longer that vibrant, special, talented, “golden boy” or “golden girl” that everyone turns to for leadership and advice. Instead, others see you as that “former” shadow of an existential entity in the present tense.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law and consider moving forward so that you can focus upon getting your health back, as well as regaining the former image of “Self”.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement: When Hiring a Lawyer

When hiring a lawyer or a law firm, what are your expectations and who are you hiring?  Are you hiring an “Intake Officer” (whatever they are); a paralegal; a legal assistant; a “Disability Specialist” (whatever THEY are) — or are you hiring a lawyer?  That is, a person who holds the law degree, who is entitled to practice law, and who is the knowledgeable “expert” in the field of Federal Disability Retirement Law?

How can you tell?  Do you know you are hiring a lawyer merely because someone tells you so?  Or, are these the indicators: When you make a call, the lawyer answers your call.  When you leave a message, the lawyer calls you back.  When you send an email, the lawyer responds.

Or: You always only speak to an “assistant”, and never to the lawyer; the “Disability Specialist” (again, what is a “Disability Specialist” — and what does it mean to be a “specialist”, especially if you aren’t a lawyer?) is always the one who seems to be handling your case; and what happens if your case get denied at the Initial Stage of the Federal Disability Retirement process, and then again at the Reconsideration Stage of the process — who will see you through at the U.S. Merit Systems Protection Board?

When hiring a lawyer or a law firm, make sure that you are actually getting what you are paying for: An actual FERS Disability Retirement Lawyer who will guide you with his experience, wisdom and legal acumen.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The “Right” Way

There are many ways to do things.  Often enough, we have heard our parents say gently, “Yes, you can do it that way, but the better way is…”.  The increasing superlatives — “good”, “better”, “best” — are like the houses in the story of the Three Little Pigs, of the house that was made of straw; the one constructed of sticks; and the last one, of bricks.

Can we say that all three were “good” houses?  It depends, one supposes — upon the utility, the comfort, and the “reason” behind why and what the house was built for.  As a matter of mere location for sleep and comfort, one could argue that any of the three homes were adequate.  If, however, as the story unfolded and revealed, for protection from predators, then there was indeed only one which was the “right” one — the one constructed of bricks.

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, it is important to prepare, formulate and file a Federal Disability Retirement application in the “right” way.  Yes, there are many ways to do it, but in the end, the sequence of how one formulates and puts together a FERS Disability Retirement application is, indeed, the “best” and “right” way.

Consult with a Federal Attorney who specializes in Federal Disability Retirement Law and begin the process of preparing your Federal Disability Retirement case in the “right” way.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Advocate

It is the ability to see things that you may not; of knowing the laws that apply, the arguments which will work, the evidence to be submitted; these, and many more, make “the advocate” worth the price to be paid.  Certainly, expenses have to be considered, but as the old adage goes, “You get what you pay for”, and you need to be careful in considering what is included.

When you call the office which you are considering as your “advocate”, does someone call you back fairly soon after leaving a voicemail?  Do you get to speak to an actual lawyer — the one who should be working on your case, or do you — instead — only speak to a paralegal or someone who claims the title of, “Disability Specialist”?

What, in fact, is a “Disability Specialist”?  If not a lawyer, then no amount of “specialty” in the field makes a bit of difference.  Who will be working on your case?  Will your case be sloughed off to some clerk or “legal specialist”, or will you actually be getting what you think you are paying for — an attorney who specializes in Federal Disability Retirement Law?

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits from OPM, contact Robert R. McGill, Attorney at Law, and be assured that he himself, and not someone else, will be working on your case.  He will, indeed, be “The Advocate” who will fight on your behalf.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Hunt for Nirvana

The initial question is: Is there even such a state?  That would, of course, preemptively undermine the very “hunt” for it, precisely because it would be an act of futility.  On the other hand, don’t most of us chase after chimeras of various sorts — whether of fame, wealth, lost loves or repressed daydreams?  So, why not hunt after the paradigm of paragon-like virtues — a state of release, of a transcendent experience devoid of self, suffering and selfish self-centeredness; or, as some might say, of a death-like state in living form.  Many would not even have a desire for such a state.

The amalgamation of we “think” is the state of Nirvana is probably quite different from the actual concept as attained or sought after by those who profess a belief in it.  It is the complete loss of self; of a state where one’s ego no longer exists, and with its disappearance, both sides of the human “coin” are also transcended: pleasure and pain.  One cannot go through life without its opposite and corollary: If you are capable of experiencing pleasure, then you are open to feeling pain, just as the person who can have happiness must by necessity tolerate sadness.  It is, unfortunately, part of being what it means to be “human”, and it is an act of futility if you try and expunge one while attempting to retain the other.  It is simply not possible.

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 likely time to consult with a FERS Attorney who specializes in Federal Disability Retirement Law.  Preparing an effective Federal Disability Retirement application under FERS is not a hunt for Nirvana; no, not even close.  In fact, it is another bureaucratic morass which can be a pain in the proverbial behind, and is a long and complex administrative process which makes the hunt for Nirvana like a pleasurable vacation in comparison.

Consult with an experienced attorney who specializes and knows about Federal Disability Retirement Law, and leave the hunt for Nirvana to those who like to trek through the Himalayan mountains.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: The Dystopian Perspective

Books from all ages depict such a view: The classic one, of course, is Orwell’s 1984; or of Bradbury’s Fahrenheit 451; but more recently, of Atwood’s The Handmaid’s Tale, and even more recently of Ogawa’s, The Memory Police. They all possess a thread of commonality: Of a society both frightening and oppressive, based upon human fears and the insecurity wrought by where we are going, the trends of modernity which succumb to believability, and the suspicion that such dystopian consequences are actually possible.

Orwell was wrong, of course — Big Brother did not have to forcibly place tele-screens into people’s homes; instead, each of us volunteered to go out and purchase such spying screens, and with our own hard-earned money in the form of Smartphones, televisions and laptops.  And while no one comes and burns our books, we have effectively accomplished such a misdeed by slowly and incrementally converting them all into digital devices, thus ensuring that we won’t actually know whether the published content of a book is what was originally intended; for, he who controls the digital device has ultimate control over its content, whereas a book published in its original form cannot be altered except by forcible means.

As for Atwood’s theme and Ogawa’s portrayal of the world — they deal with the two aspects of a life in a frightening way: Of the subjugation of the body (The Handmaid’s Tale) and of controlling the mind (The Memory Police).  All are fictional works; yet, somehow we can “relate” to the stories being told. How is that? Is it because we have a dystopian perspective already prepared within us by society’s callous conduct?

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 Dystopian Perspective is a very familiar one.  For, being ostracized; being condemned; being harassed and being subjected to unfair treatment — it all comes in a bundle once you can no longer “perform” at the level expected by the Federal Agency or the Postal Service.

When that Dystopian Perspective becomes unbearable, then it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.  And, while the Dystopian Perspective may not turn into an Utopian Reality, it is far better than the subjugation of the human mind and body that gets increasingly worse under Big Brother’s eye.

Sincerely,

Robert R. McGill, Esquire