OPM Disability Retirement under FERS: Life Patterns

Every animal has a pattern or rhythm; and so, by studying such behavioral patterns, we can ordinarily predict, with some amount of accuracy, future responses and reactive inclinations.  Human beings are the one species where, purportedly, if a pattern is detected early, deliberative alterations can be initiated; or, at least that is the theory.

In reality, most people are unable to break from the patterns of their lives.  We apply various euphemisms to explain away our inability to alter self-destructive behaviors — and call them “addictions” or childhood “traumas” and early-developmental imprints which cannot be easily cured.

So, in the end, it turns out that we are not much different from other species, and our DNA seems to be as entrenched in our behavioral predictability much the same as the Cheetah or the Chimpanzee.

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 all of the essential elements of his or her position with the Federal Government, the question to ask is: Is the life pattern of ignoring the medical condition and pushing forward while your health deteriorates — is that a life pattern you want to continue?  Or, should discernment that obtaining a Federal Disability Retirement benefit will break that life pattern so that you can focus on your health — is that a possibility?

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and see whether or not you will be one of the unique few who can identify a self-destructive life pattern, and break out of the mold of Cheetahs and Chimpanzees.

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 OPM: Good to be Wrong

Every Federal Disability Retirement application contains some problems.  The ones which don’t — and they are few and far between — are what some call that rare “slam dunk case”.  But when it is characterized as such, the honest attorney — and the undersigned author of this blog considers himself such — simply tells the caller:  “Gather your medical records; fill out the forms and submit the packet; you don’t need a lawyer.”

All other type of cases have inherent problems, which comes with the territory.  For, when you deal with an agency which neither applies the law, nor is unbiased in its review and evaluation of each case; and, where the Agency believes that the money it is saving is tantamount to a protection of the evaluator’s personal bank account — well, you know and can guess what happens.

As every case is problematic, so every case has to be fought for.  A lifetime Federal Annuity (well, somewhat, as it is actually only until age 62, and then the Federal Disability Annuity is recalculated based upon the total number of years of service, including the time spent on FERS Disability Retirement) is not something that is easily given up by the U.S. Office of Personnel Management or the Federal Government; as such, it must be fought for.

This FERS Disability Attorney — the author of this blog — fights on behalf of his clients throughout all 3 stages of the process.  Other firms will often charge for each stage separately, or only for the first 2 stages, then abandons the client after that.

In having represented many, many clients over many years, one gets a “sense” of whether a Federal Disability Retirement case will be approved at the First Stage of the process, or whether there will be a “fight” and it will take either the Reconsideration Stage or the MSPB before a “win” is acquired.  Yet, there have been many, many cases when this attorney has also been wrong about this alleged “Sixth Sense” on any given case, and where OPM approved the case at the First Stage, even when the case is not overwhelming strong.

In such cases, it is good to be wrong.

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 Help: The Unraveling

It is similar, yet quite distinct, from the concept of “unwrapping”, or even of “finding”, “revealing”, of “unearthing”.  For, the other words describe an indication of voluntariness — of a third-party agent (or even of the first-person pronoun) engaging in an act of deliberative steps toward an appearance of something.

But that other term — the word which is today’s focus — has a frightening aspect of loss of control, inability to contain, a lack of freedom or choice, and even implying a frailty of crumbling, catastrophic consequences.  When there is a societal unraveling — or even a personal one — there is an underlying sense that the constraints, borders, fences and outer membranes which once restrained and held together the entity contemplated, are now disintegrating.

The term, “bursting at the seams” or “cracks in the foundation” and similar metaphors, are all appropriate when using the term, “unraveling”.

Sometimes, it seems that society as a whole is unraveling.  But societies don’t unravel unless there is an aggregation of personal unravelings, where the cumulative effects of many such individual unravelings result in the further metaphor of “the whole is greater than the sum of its parts” phenomenon, in a negative, reversing manner.

Unraveling, of course, is what sells newspapers and online stories; the trading of bad news is always scintillating for the prurient needs we all ascribe to; and the antidote to such a sense of unraveling is to take a walk through your own neighborhood, where it is likely that things still likely appear “normal” and “together”.

For Federal employees and U.S. Postal workers who are experiencing a personal sense of unraveling because of a chronic medical condition which impacts one’s ability and capacity to perform the essential elements of one’s Federal or Postal Service job, the solution may be to file for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Preparing an effective Federal OPM Disability Retirement application under the Federal Employees Retirement System (FERS) is tantamount to taking that “walk” through one’s own neighborhood, to get away from the greater sense of unraveling.  For, whether society as a whole is unraveling, or you next door neighbor’s life appears to be boring and normal, you may want to contact a FERS attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal or Postal Disability Retirement Application.

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: The Law and Modernity

Recent Supreme Court decisions have, at the very least, engendered interest among the non-lawyer population of this country.  The concept of “stare decisis” — of the legal principle of determining points in litigation according to establish precedent — has been turned upside down and cast aside.  Is this a good thing?

Furthermore, there are now grumbles that recently-appointed justices “lied” to senators during their confirmation hearings, but no lawyer believes that such a charge can rise to the level of perjury.  Why?  Because if you ask a lawyer the question, “Do you agree that case-X is established law?” — the answer will always have 2 parts; first, the stated part: “Yes, it is established law and therefore should not be overturned.”

Then, the second, “unstated” and “silent” part — “Unless, of course, I find that when I am on the bench and a new case comes before me, that I find case-X to be unconstitutional, in which case I have no choice but to reverse and overturn the precedent.”

And so the law is as elastic as the best gymnasts qualifying for the Olympics.  Why the great hubbub?  Because society relies upon precedents, because precedents — whether you agree with them or not — provide a foundation of stability and reliability.

It would be as if a Federal Circuit Court Judge were to find all precedents on FERS Disability Retirement to be wrongly decided, and reversing every one of them.  Now, that would be a disaster.

Fortunately, that is unlikely to happen, and so, for Federal and Postal employees who have found it necessary to begin the process of initiating the Federal Disability Retirement application process, you may want to contact a FERS Attorney who specializes in Federal Disability Retirement Law, where the Law and Modernity still rely upon the stability of stare decisis.

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 Human Prerogative

There are other prerogatives connected to other species, like swiftness of predatory hunting for a Cheetah; the sheer power of a Grizzly Bear; or, perhaps of an NBA star who no one even attempts to defend against because, outside of the 3-point circle, there is no point in even trying.

The definition is clear: a “prerogative” is the right or privilege exclusive to a particular individual or class, and so, like an eagle which soars with the power of such privilege, there is no denying that which is the right of that individual, of whatever species we are referring to.

For the Federal employees or U.S. Postal worker who suffers from a medical condition, where the medical condition itself impacts upon the ability and capacity to perform the essential elements of one’s job, it is the prerogative — the human prerogative — to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, under FERS.

Because you are a Federal Government employee or Postal Service worker, it is the exclusive right and privilege to assert your eligibility for Federal Disability Retirement; and indeed, this is the Human Prerogative, as a Federal or Postal employee.

It is the exclusive right — not merely because you are a human being, but because of your privileged status as a Civilian Federal employee or U.S. Postal Service worker — to assert that limited prerogative when the need arises, and if the time comes such that it becomes necessary.

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 Law: Life Without

Some learn early on to live with the “without”; others, perhaps those few who were born with that metaphorical “silver spoon” in one’s mouth, never learn the lesson; and whether living life without “things”, or loving parents, or a dog, or some such other tangible or intangible whatever is a valid question.

Is it better to have possessed X, then lost it, in order to appreciate X?  Or, if you never knew of life with-X, is life without it something you never missed, anyway?  Yet, we can certainly extrapolate from watching others “with” X, and thus experience various emotions, whether of jealousies, regret, self-pity or angered arrogance.

Life without can form better character, or so they say.  Then, perhaps, life with-X and the subsequent loss of X may also form greater character.  It all often depends upon the malleability of the individual, and not whether or not a person grew up with or without.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates preparing, formulating and filing an effective Federal Disability Retirement application under FERS through the U.S. Office of Personnel Management, two issues of life without will be of immediate concern: Life without the same career you once had; and more importantly, life without the health you once enjoyed.

As for the latter, that is part of the point of filing for Federal Disability Retirement — so that you can focus more of your attention upon regaining that which you once had, and which you have partially lost.  As to the former — there is actually life beyond the Federal Government or the Postal service, and you may find that the future is yet bright, and life without your Federal or Postal job is not as important as life without health.

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 Help: A Worthy Life

Should such a question, or answer, even be entertained?  Or, should one always revert to the normative ethos — albeit, safe and uncontroversial — that by definition, any and all lives constitute a worthy life, merely because life itself is precious and therefore undeniably and incontrovertibly worthwhile?

Yet, surely we engage in such debates, if not directly, then circuitously and sometimes by engaging in linguistic euphemisms which betray our most sacred belief systems.

Are proponents of the death penalty those who have answered the question, already?  For, have you not made a judgment of “unworthiness” if you believe that the death penalty is an acceptable penalty?  Or, of a lesser offense — say, a homeless person who begs for food; should they all be shuttered in some part of the world where we don’t have to deal with them?

How do we define “worth”?  Is it by economic success, or are there other factors which determine fulfillment of a definition rarely complete and barely understood?

Is “worth” tantamount to “indispensable”?  If that is the standard, then none of us would qualify; for, looking back into the history of mankind, is there anyone from yesterday whom we consider indispensable today?  They are all deep in the ground where moss, grass and ivy have overgrown the cemeteries where once the worth was thought to be indispensable, but now are merely forgotten remnants of unrepentant memories.  Here is a thought: At a minimum, a worthy life is when a person provides a mangy dog a life of comfort and happiness.

For Federal employees and U.S. Postal Service 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 question of a worthy life often begins to creep in, where the Federal agency or Postal facility is doing everything to question your worth with the Federal Agency or the Postal Service.

Don’t buy into that line of thinking.

You know your own worth; don’t begin to doubt it.  Instead, contact a disability lawyer who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, and thus begin the process of ascertaining the unquestionable worthiness of a life which has many miles to go, if merely to have the opportunity to give a mangy dog a life of comfort and joy.

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 Attorney Help: The Paralysis of Indecision

There is, on the one hand, an approach of charging forth with a decision; on the other, a more contemplative manner of considering the options, letting various arguments be heard, then taking into account the pros and cons and coming to a deliberative conclusion and decision.

Such differing approaches often reflect the personality of the decision-maker; and, of course, between the two extremes on a spectrum of decision-making approaches, there are various “middle-ground” ways.

One often hears about the need for “decisive” action, where such an approach is often viewed as more effective and enveloped with great confidence.  Military responses are often characterized by the “charge forth” approach, whereas political expediency is too often reflected in the long and tiresome “consideration of all sides” approach.

In the end, whether one takes a lengthy, deliberative approach in making a decision, or immediately issues a definitive command to perform a deed, it is the paralysis of indecision which fails to abide.

For Federal employees and U.S. Postal Service 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 paralysis of indecision often comes about because of the hope for recovery of one’s health.

And that is often a good thing.  Hope springs eternal, but when the reality of one’s medical condition becomes chronic and never-ending, the paralysis of indecision merely exacerbates and worsens.

Contact a disability attorney who specializes in Federal Disability Retirement Law, and do not allow the paralysis of indecision to keep you stuck in the quicksand of your medical condition.

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 Retirement from OPM: The Technical Application

In every system, specialty, sub-specialty, etc., there is a technical application and usage of a term, concept, acronym, etc.  Wittgenstein, the Austrian Philosopher and the author of “Philosophical Investigations” (as well as Tractatus Philosophicus and other works), discusses the concept of “Language Games” involving such unique and technical applications of word usage within different contexts and circumstances.

Thus, there are “computer software language games”, or engineering language games — where specific words have meanings quite narrowly defined, and which often excludes the general population’s understanding unless you become a “member” of that particular group, society, etc.

In Federal Disability Retirement Law, there are numerous technical applications within the language game of “Federal Disability Retirement under FERS” — and one of them is the usage and application of the term, “Accommodations”.  The term itself is widely and loosely used — as in referring to various work-related adjustments and changes.

Thus, a Federal Agency or the Postal Service might, for example, refer to a light duty assignment as an “accommodation” provided, when in fact — in the technical, legal sense — it is not at all an accommodation under Federal Disability Retirement Law.

The problem with a technical application, usage and misapprehension / misunderstanding terms and concepts used in a “general sense” as opposed to the “technical sense”, is that such failure of comprehending the precise meaning of a term can result in failing to apply and obtain Federal Disability Retirement benefits under FERS.

Contact a lawyer who understands the technical application of all terms under Federal Disability Retirement Law, and don’t let the language game of Federal Disability Retirement Law mislead you into a failure of filing an effective Federal Disability Retirement application under FERS 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.

 

Medical Disability for Federal & Postal Employees: Once Known, Now…

Writers and other artists populate that field — of being once known, mostly during their lifetime; if lucky, for a period of time thereafter, but now….

The ellipsis is meant to convey the idea of the opposite — that a person once known, but now is unknown; has shrunk back into the arena of anonymity; of having been once famous, or at least “well-known”, but upon death, has now passed among those who, like most of us, barely require an honorable mention, let alone a footnote in history; and, instead, like so many graveyards long forgotten and buried beneath the crawling summers of weeds and the drifting beauty of dandelions’ dispersing seeds, once known, now….

For example — Carlos Baker; who was he?; who remembers him?  He wrote the definitive biography on Ernest Hemingway, and was himself an accomplished short story writer, poet, and well-known during his time.  Most of us would like to have had even a fraction of the reputation and popularity he enjoyed during his lifetime; but in the end, we all return to the dust from whence we came.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the prospect of returning to total anonymity may be a falsely-motivating element in trying to continue and to “fight on”.

Health should be the top priority.  Yes, once you receive an approval for your Federal Disability Retirement, you will no longer be known as “Tom the X, Sally the expert-on-Y, or Julian who is V”; but you will begin to get your health back.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and fear not the loss of a footnote where you were once known, and now…

Sincerely,

Robert R. McGill, Lawyer
Federal Disability Retirement Attorney