Federal Employee Disability Retirement: The Steps Themselves

When you hear a scream, witness an assault, observe the smoke or visually ascertain the flames spewing from the upper floor of a building, do you respond by trying to scale the face of the building?  Or, is the more effective — and intelligent — approach in the rescue attempt, to call the fire department, get a ladder, ascend the fire escape, locate the stairwell, etc.?

The steps themselves are in important component of a building’s structure; for, they were built and installed as part of the architectural formulation with a specific purpose in mind — so that people can come and go, enter and exit, use for regular, exigent and emergency reasons, etc.

Similarly, when an administrative process is engaged in, should one simply go “full hog” and begin attacking the paperwork, filling out furiously the forms which need completion, and not worry about the “steps” which should be taken?

In the administrative process entitled, “Filing for Federal Disability Retirement benefits”, there exists a coherent, logical, systematic procedure which will heighten and enhance the chances of an approval from the U.S. Office of Personnel Management.  In order to access those steps themselves, contact an OPM Disability Retirement Attorney who specializes in Federal Disability Retirement Law and use them to effectively file a Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement from the OPM: Knowing the Issues

Without that knowledge, you are going into the arena of legal battle in a blind state, at a disadvantage, and with a high susceptibility of being defeated.  Not knowing what the issues are is like engaging in a frontal assault without having first scouted the position of the enemy — their strength; the terrain; the weapons they possess; their numbers; what fortifications they have established, etc.

You can take a shotgun approach — of guessing at what potential issues may arise — and address them with generalizations and attempted musings of preemptive arguments, but if you don’t know what the issues are, how will you specifically address them, even in a prefatory manner?

In preparing a Federal Disability Retirement application under FERS, it is important to not only know what the issues are, but to address them in a preemptive way by citing the case-laws which apply.  Each OPM Disability Retirement case has general case-law citations which are always applicable — Bracey v. OPM, for instance.  But then there are specific case-law citations which should be tailored to the unique circumstances of your individual case.

That is why consulting and hiring an effective OPM Disability Lawyer who specializes in FERS Disability Retirement Law is important — so that you do not engage OPM blindly, but with a full view of what you are facing, the issues which need to be addressed, and the confidence that you have given yourself the best chance at success.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Process under FERS: Silent Despair

Despair is bad enough; silent despair, her cousin to avoid.

Sometimes, sharing the trouble, “talking it out” with someone else, complaining to a spouse or friend, or even just venting — helps to expiate the cumulative stresses which grow relentlessly within the body and mind of the individual.  Perhaps that is what social media is ultimately all about — an outlet for expression, however imperfect, which satisfies a very basic human need.  For, silent despair is that desolation of one’s spirit which has no avenue leading to human contact, and that is the worst type of despair.

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, talk to a Federal Disability Retirement Lawyer about whether or not Federal Disability Retirement benefits is an avenue for your despair.

Silent despair never leads to a solution; speaking with an expert in the field of Federal Disability Retirement Law, at the very least, allows for you to consider options which you may not have previously considered.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Parting Ways

Friendships will, sadly, sometimes result in it; husbands and wives, though with children, too often embrace it for selfish reasons; and companies and their employees come to that flashpoint because of divergent interests, better offers or loss of confidence in visions no longer convergent in future goals and aspirations.

Medical conditions, as well, often have consequences where parting ways must be considered.  Can the medical condition be accommodated?  Is the Federal employee’s performance becoming unacceptable?  Is attendance becoming a problem?  Is his or her conduct impeding the mission of the Federal agency or the Postal unit?

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 perform all of the essential elements of one’s Federal or Postal job, “parting ways” is often a gradual process involving realization, acceptance, and concrete steps required in order for the final transition to actually occur.  Filing an effective Federal Disability Retirement application is one way to complete the process of parting ways.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin the process of parting ways by preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: Muddling Through

That is how most of us cope with the complexities of life.  It has been said that competence in anything doesn’t actually take fruition until a person has been doing it for at least 2 decades or more.  In the meantime, “muddling through” is how most of us spend the day; “acting as though”, practicing “as if”, winging it, pretending to be so, trying to appear as such and such, etc.

Yes, apprenticeship is an old-fashioned idea which no longer applies — at least in a formal manner.  Yet, we all continue to remain in the role of an apprentice, muddling through life, through our jobs and through the course of our lifetimes, until one day we realize that we have reached a point of competence where things come second nature, where insight is more often the rule than the exception, and where success follows upon success more often than not.

For Federal employees and U.S. Postal workers who suffer from a medical condition and where the medical condition impacts the Federal or Postal employee’s ability and capacity to remain competent in one’s job and position, medical disability retirement may be the best way to go out.  We all muddle through, but when you have a medical condition that impacts your ability to get through the day, even “muddling through” may sap your energy so severely that you can no longer function.

If this describes you, consult with an attorney who specializes in the area of Federal Disability Retirement, and consider preparing an effective FERS Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal & Postal Employees: Lost Causes

It is that famous line from the 1939 movie, “Mr. Smith Goes to Washington” which is evoked by the phrase, “Lost Causes” — of the near-defeated Senator Smith who reminds his father’s old friend that once upon a time, even he had believed that such were the only ones worth fighting for.

It is an idealistic movie; perhaps, even naive.  Was it because of the time in which it was made?  Would — could — such a film be produced in this day and age?  Could there really have been such an individual with unfettered idealism in this era where cynicism and tribal warfare abounds with unlimited and unrestricted savagery?  Do we even have a conscience, anymore, which is required to fight for those “lost causes” that need an advocacy unblemished by the dirt of pessimism?

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, perhaps the medical condition itself has resulted in a perspective that one’s own career, and even life itself, has become one of those “lost causes”.

Filing for Federal Disability Retirement benefits is not the “end all” of a solution to a lost cause, but it does provide a glimmer of hope so that the Federal or Postal employee can re-focus his or her attention upon regaining one’s health.  But there is a sticking point — the U.S. Office of Personnel Management.  A denial from OPM can make it appear as if our Federal Disability Retirement application has become another one of those “lost causes”.

Consult with an experienced FERS attorney who specializes in Federal Disability Retirement Law to see whether or not what you perceive as a “lost cause” is worthy of a cause to fight for, and don’t give up so easily; for, in the end, what Senator Jefferson Smith said is what keeps that flame of hope alive — that the only causes worth fighting for are those “lost causes” that everyone else had abandoned.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Routine of Life

We live mostly on automatic pilot; whether by insidious lack of awareness or some evolutionary mechanism that blocks out and limits the stimuli that bombards, so much of life is lived as a routine — without thought or even consciousness (do we equate the two or recognize the distinction?), but like the automaton working deliberatively in jerking movements of mechanized stridency, we may grumble but carry on with the routine of life.

And even when we are unaware that we do so, we are reminded of how predictable our actions have become: the garbage is emptied on certain days because the manner in which we live takes on a quantifiable aspect of regularity; the times we walk the dog; the leisure activities; and even our responses to questions posed. Is it ever possible, or even desirous, to live a life without routine? But then, wouldn’t an unpredictable life become a predictable one precisely because the routine of life becomes one of unpredictable predictability? Or is it the other way around — of predictable unpredictability?

Yet, those who moan and groan about the routine of life — its inherent monotony; the loss of excitement in failing to engage in the arbitrariness of the path less traveled (doesn’t that poetic description itself become predictable in the course of everyday conversations?); the comfort we find in the very commonplace “sameness” of daily living — we miss it only when we lose it.  It is like two old people who have shared a lifetime together, but for some ungodly reason decide to divorce, thinking that excitement and fulfillment are achieved by destroying the routine of life; and only afterwards do we appreciate the monotony of that routine.

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, the Routine of Life is that which one wants to regain.  For, it is the interruptive medical condition that destroys the comfort of such a routine.

Preparing an effective OPM Disability Retirement application is the pathway towards attaining some semblance of the Routine of Life, and of getting back some semblance of monotony which we all complain about but unknowingly desire.  Consult with an attorney who specializes in Federal Disability Retirement Law and begin the process of re-ordering the chaos that has beset a life of medical issues, and begin to work towards reaffirming the Routine of Life which we all crave and desire, once lost but want to regain, and constantly yearn for the one thing that we all complain about.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS: The Inconsequential

In the annals of history, most of us remain as the inconsequential.  Not even a footnote, nor even a passing reference, we are lumped into generations of third-person subjects unnamed and faceless.  We might read, for instance, that during the “Sixties” or “Seventies” (or beyond), this group of people or that community of individuals did X or participated in Y, and we might say to ourselves, “Oh, that is a reference to my generation”.  Yet, as an individual, it is rare to be identified by name.

History always fails to recognize the inconsequential; except, perhaps, by memory of relatives and faded photographs barely remembered in gatherings where old folks once chattered about this or that person whose absence emphasizes the starkness of the inconsequential.

Is that what many of us fear?  Not just about being ignored; and perhaps not even of leaving this world without a mark of recollection; but of being one of the inconsequential within a mass populace of unknown graves, unmarked but for those faded memories of vestiges in whispered conversations once echoing down the forgotten chambers of time.

And of that place where we toiled for a decade or more — where so much time was spent, so much effort and expenditure of labor: The workplace.  Once we are gone, will we even be remembered?  Will a fellow worker say, years hence, “Oh, remember that guy who…?”

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 fear of becoming one of the “inconsequential” is often what makes the Federal or Postal worker pause before considering filing for Federal Disability Retirement benefits.

But just remember this: There is life after work, and whatever “consequential” work you believe you contributed to the Federal Agency or the Postal Service, there is nothing that cannot be replaced, and the greater consequence of failing to attend to one’s health is what makes for the inconsequential to loom larger with greater consequences down the road.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Benefits: Silence

Whether of the historical novel by Shusaku Endo or of the film adaptation by Martin Scorsese, the powerful images evoked (or provoked?) by the contrast between noise heard and the silence following can be felt only with the “before” and “after”.  The novel itself is Endo’s masterpiece, although he has written many; and, of course, Scorsese has a long list of accomplishments and commercial successes, but Silence is not one of them— at least not by commercial standards.

It is a serious movie with few bright moments; of contracted theological arguments and disputations revealing cultural chasms so deep that only a simple metaphor can make it comprehensible; of an agonizing series of endless torture; of the anguished, linguistic divide apparent between two countries which fail to understand each other because of the subtleties of language’s disconnect.  And then there is — silence — in contrast to noise; of a “before” and an “after”.

And the questions which foretell of the quietude: Does the lack of God’s intervention mean that there is no God?  Does “speaking” of denying and renouncing, or the act of stepping upon the image of God, determine one’s faith, or can faith be alive within the silence of one’s inner soul?  Can the Peter-like character, Kichijiro, remain a “faithful apostle” despite his breaking of his silence in actively renouncing and apostatizing?  And who has the greater faith — the priest who grudgingly passes judgment each time the apostate comes for confession and forgiveness, or the one who renounces but then confesses and asks?

In the end, Silence is too heavy a movie to be considered “entertainment”, and most people will not want to spend an evening watching a movie that has little joy and less to laugh about; for, the pain that is experienced by so many in this world in the silence of one’s own suffering is torturous enough without asking to view an even greater expansion of such pain and silence.

For Federal employees and U.S. Postal workers who, similarly, suffer in silence because of a medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it may be time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management.

Consulting and being guided by an attorney who specializes in Federal Disability Retirement Law is likely the wiser course to take, as the bureaucratic morass that one must be guided through can be likened to the foreign country that the priests in Silence had to endure — through the pitfalls of dangers and caverns of unknown territories.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: In the way

We talk about objects being “in the way”; of an accident on the road and we complain, “Why can’t they just pull over and get their vehicles out of the way?”  We use similar phraseology when we “objectify” human beings, as in — when we seethe with anger and retribution at some person — the threatening tone of: “Stay out of my way!”

Does the subtle (or not so subtle) alteration in language’s usage determine how we treat another human being?  When a driver gets irritated with a bicyclist who is not so adept at keeping a straight and narrow line on the roadway, do we forget suddenly the value of human life and see it merely as an “object” that is “in the way”?

And when you read of stories of human tragedies — of a person who negligently ran over a person and seriously injured or — worse, yet — killed a pedestrian, we realize the thin line between insanity and rationality, of love and hate, and the vulnerability of passions left out of control and going berserk when it is often the language we use so carelessly that leads to the tumults of life’s misgivings.

Objects are often “in the way”; can it ever be that people are also?  Do we bypass one another and ignore the plight of others because of our capacity and ability to objectify those very subjects we want to ignore and avoid?

Utopia is an idea of human perfection; the reality of this real world is quite different, where love, cooperation and human compassion lags far behind because the essence of human nature is far below the paradigm of perfection.  Honking the horn at something “in the way” when one is backed up on the highway in a state of frustration may well shed one of some frustration — until we learn later on that it was the body of a young child hit by a car because he was “in the way”.

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 concept of “in the way’ is a familiar one — for, the Federal or Postal worker has knowledge of it both as an object, as well as a subject.

The “medical condition” itself is “in the way” — seen as an object that has become an obstacle. Conversely, the Federal Agency or the Postal Service begins to see that once-stellar, high-performing individual — you — as something “in the way” of the Federal Agency’s “mission” and the Postal Service’s “work”.

When the Federal Agency or the Postal Service begins to see a Federal employee as an object, as opposed to a subject, then you know it is time to begin to prepare, formulate and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, lest you become another casualty left in the heap of roadside debris as a passing car yells, “You were in the way!”

Sincerely,

Robert R. McGill, Esquire