Tag Archives: va employees disability retirement

Federal Worker Disability Retirement: Considering The Future

When considering the future, we look at the present and rely upon the past.  It takes an imaginative mind to see the future beyond our present circumstances.

That is often why a Federal or Postal employee who needs to file for OPM Disability Retirement benefits under FERS looks bleakly at the future: Suffering from a medical condition; Knowing that, presently, you cannot do your job; Assessing that your income will be reduced; Realizing that you are not the same person you were before the medical condition — these factors will be looked at in a negative way.

Yet, the future with a FERS Disability Retirement annuity allows for so much: Of focusing upon getting back your health; of being allowed to work in another job and making up to 80% of what your former Federal or Postal position currently pays; and while you may not be the same person as before, you have the opportunity to become a better you, adjusting to the health challenges before you, but without the stresses of trying to be as before.

Consult with an OPM Disability Attorney who specializes in OPM Disability Retirement Law, and consider seriously the future, bright and promising.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Conveyor Belt

Some marriages are like that; life, in general, often feels of a like manner; and ultimately the question becomes: How does one get off of it?

The conveyor belt takes an item, a medium or some product along the way on rotating wheels that endlessly spin.  Once on, the entity presumably reaches a destination point, at least in factories or stores that maintain and run them.  But the metaphor of a conveyor belt evokes an image of an infinite quality: once on, unless you are the operator of the system, there is no turning it off.  Some people become involved in relationships that feel like a conveyor belt; others, into divorces where neither party is excited about it, but nevertheless go along with it because there are irreconcilable differences that cannot be resolved.

Medical conditions, too, fit the metaphor of the conveyor belt — for, once a condition appears, it is most certainly merely a symptom of something greater, and the vast conveyor belt of the medical complex — of medication regimens, surgical intervention, therapeutic involvement, etc., all serve to place you upon the conveyor belt of no return.

For Federal employees and U.S. Postal workers who feel like their lives are on a conveyor belt upon which there appears to be no return because of a medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of his or her Federal or Postal job duties, it may be time to consider getting off from the “conveyor belt” and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law and consider stopping the conveyor belt that seems to be taking you down a path that is no longer a destination of your choosing.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Systematic Preparation

Can a project be well-prepared if there is no “system” in place?  Do we trust, for example, a construction firm who goes about their business without a blueprint?  If you ask of the firm, “Well, can we see some examples?” or “Can you provide a rendition of what kind of a house you plan on building?” — what would you think if the answer came back with: “Oh, don’t worry, it will have a roof, a couple of bedrooms and a kitchen.” Is that a satisfactory answer? Or, would you want to see that a firm foundation is first built, and that a systematic methodology of preparing, then initiating the building project will proceed in accordance with a previously agreed-upon blueprint of the archetype of the product proposed?

To that end, shouldn’t you be able to speak to the lead architect, at some point, and not merely be sloughed off to salesmen, administrative support staff and other office workers who may be very helpful, but are not the ones who will “head” the project?

Similarly, if you call a law firm, shouldn’t you be speaking with the lawyer him/herself, instead of a secretary, paralegal or some other “disability specialist” whom you believe you are hiring, but you never seem to get a hold of?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has come to a point where it/they prevent the Federal or Postal employee from performing one or more the essential elements of one’s Federal or Postal job, the necessity in filing for Federal Disability Retirement benefits is often an option which is unavoidable.  That being said, do you want to proceed down the administratively complex process of Federal Disability Retirement without a systematized methodology of preparation?

Consulting with an attorney who specializes in obtaining Federal Disability Retirement benefits from the U.S. Office of Personnel Management is a good first step in gaining a blueprint on how to proceed; just be careful that you don’t hire a law firm that merely has all of its “underlings” do the important work of the systematic preparation, and moreover, it is important to inquire as to what kind of approach the attorney has in moving forward to win a Federal Disability Retirement benefit, for you.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Whispers of a former self

It is when the hushed voices pause as you pass by the proverbial water cooler where gossip is abandoned and conversations suddenly and abruptly cease; then, when distance is the safety net like the arc of flight envisioned by species in the wild, those coworkers nod, shake their heads and disperse like so many rats around a decaying carcass on the roadside until the oncoming truck rumbles close enough to sound an alarm.

There are whispers that echo and reverberate, and it is only when the sounds bounce back from the caves of despair does it finally dawn upon the soul it effects:  Those whispers are of a former self who, as a Federal or Postal employee, blazed new trails, always came early and left late, and never shirked responsibility in promoting the efficiency of the Federal Service.

The skeleton of that former self remains; and now, but for the whispers that howl like the winter winds across plains of abandoned and forsaken times, those voices begin to sound like the din of unlikely foes. What ever happened to that person who once lead the charge of the cavalry forward in each and every fight?

Health deteriorates, and over time, age and health become the combined enemy of youthful vigor that sprouted in innocence of antiquity in former times now gone.

When those whispers of a former self begin to speak, it may be time to begin to prepare, formulate and file a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset, with the U.S. Office of Personnel Management, lest the whispers of a former self remain to be subjected to further humiliation, like an unceremonious termination without applause or fanfare.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The clinical language

The antiseptic nature of language allows for the euphemism of linguistic cloaking to occur.  The corollary effect, however, is that it fails to provide a nexus to the humanity lost, and allows for an arrogance of language by imparting its distance and separation from warmth.

Clinical language has that characteristic, steeped in the mysterious and archaic history of Gregorian chants at altars once embodying the Eucharist’s theological secrets of transubstantiation with the priesthood undulating in phrases foreign to ears of modernity; and from that same pocket of incomprehensible linguistic sophistication that only New Englanders like Buckley and other intellectuals would bandy about with phrases we all nod at as if we understood them, comes the cold, clinical language that doctors, nurses and psychiatrists use in diagnosing conditions beyond the mere commoner’s ability to realize.

The clinical language bifurcates and objectifies; it is a way of keeping the discussion on a level of discourse where human emotions need not enter, will not intercede, and cannot invade through the impenetrable walls of the rational side of the brain.  Perhaps there is a need for that; a want, a desire and a worthiness to maintain that distance, so that the topics delineated, explained and obfuscated can be accomplished without the emotional turmoil of those consequences resulting from the realization that one is damaged goods beyond repair.

In the end, however, when the patient goes back home, discusses it with family, friends and close relations, the interpretive process must by necessity be utilized.

In former times, dictionaries were taken out, root words were defined and the Latin phrases whispered in secret murmurings of incantations incomprehensible were untangled, discerned and disassembled.  In modernity, we Google them and have the algorithm of computer intelligence in sunny California interpret the words for us to digest.  Then, the translation into the emotive language of kitchen-held talks in hushed tones where children strain to listen from stairwells around the corner; and tears wept, confidences given and lost, and the upheavals of families in crisis where the clinical language has been demythologized and demystified so that even the everyday person can recognize the human toil of a ravaged body and mind.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, whether that medical condition has been diagnosed in clothing termed by the clinical language used by the medical profession, or already interpreted in common everyday usage, the plan is to prepare an effective, understandable, cogent and coherent Federal Disability Retirement application, and one that can bridge that gap from phrases barely comprehensible to linguistic descriptions that present a viable case.

Doctor’s reports and office notes, clinical narratives and treatment records are all useful and necessary, but in order to create that legal nexus of presenting a persuasive argument and meeting the standard of proof of preponderance of the evidence in a Federal Disability Retirement application, it is always a good idea to interpret and translate that clinical language into a delineation that touches upon the everyday emotions common to us all, by breaking down the bifurcated walls and allowing for the warmth of humanity to pervade the narrative of life.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Designing a different biography

Each of us has one, but we know not what it states; for, it is what is written and carried by someone else, and not from ourselves.  Yes, yes, we also have an “autobiography”, as well – a narrative of how we see ourselves, in what manner, of what form, in what scintillating and scandalous light.  But it is the collective viewpoints of all whom we have encountered that comprise, constitute and in the compendium of the aggregate, tell the story of “that person” – you.

What would you gather if you went about to all family members, friends, relations and relatives, and to a lesser extent neighbors and acquaintances, whether close or distant, and interviewed each as to the narrative they have about you; collect them into a coherent whole and arrange them into a comprehensible amalgamation for self-reflective, unpublished anonymity?

It would likely be surprising, with tidbits of disconcerting salaciousness – not necessarily involving any vice, but if honesty were to be an unequivocal mandate in the responses to each query, it is likely that one would be taken aback by the responses received, not only in content and substance of answers, but from whence the source of information came.

Would we, if given the opportunity, begin to design a different biography in response to the amassing of such a narrative?  Or, like most people, would we merely engage in defensive self-justification, cutting off relations, reacting with anger and disappointment, and like a child without remorse, regret from wisdom or any greater understanding than the idiot savant who can mimic brilliance from learned behaviors, sit glumly with self-pity and blame those who provided their honest opinion and perspective, and continue on in the same mold as before?

Designing a different biography requires, at a minimum, a capacity to still process information for the intended purpose of alteration of behavior; and like the metamorphosis depicted by Kafka, there are few who have the self-reflective capacity in order to initiate that which cannot be comprehended by an ego which refuses to change.  What chance, then, do we have for redemption?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition requires designing a different biography for a future event (becoming a Federal Disability Retirement annuitant) because of a present circumstance of altering issues (a medical condition that has arisen, worsened or become exacerbated over time, such that preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management becomes a necessity), the concept of designing a different biography may require an honest assessment and evaluation of one’s physical and mental capacity, what the requirements of one’s Federal or Postal job entails, and when the time is ripe to consider initiating the long, arduous and complex process of considering the submission of a Federal Disability Retirement application.

In the end, designing a different biography always requires a moment of self-reflection – something more complicated than editing our own unsolicited autobiography.

Sincerely,

Robert R. McGill, Esquire

 

 

FERS & CSRS Disability Retirement: False Positives

We demand that a “retest” be done, to ensure that the result did not have the opposite effect.  It is a linguistic conundrum that the affirmative means its negative; for, in medicine, a “positive” result is the worst of news, whereas in most every other context, it is a welcomed declarative.  But because it is a result which is not embraced with delight, we ask that it be further verified in the event that the “positive” is a false one, and we want it instead to not be a true one, and thus ask for a retest in order to see whether the second one will result in a true negative, which is the opposite of a true positive in hopes that the first positive result is a false one.

Are there such similar circumstances in daily life, apart from the medical field, where we received results of false positives?  The latter term in the phrase is misleading, precisely because laudatory declaratives are normally welcoming additions; yet, combined with the former word that essentially negates the latter, it is an oxymoron of sorts and is thus relegated to a defined field in the medical arena.

But false positive do rear their ugly heads now and again; in employment, where awards and exuberant encouragement are provided with nary a compensatory incentive, giving the impression that the company recognizes the employee as a valued asset, all the while withholding that most coveted of advancements – the “raise”.

That is surely a “false positive” that needs to be retested.

Or, of loyalty seemingly accorded by a Federal agency or the U.S. Postal worker, so long as productivity is met and the “mission of the agency” is placed on a priority basis, where long and uncompensated hours, both in physical presence and cognitive input when exhaustion from work, worries and problem solving overwhelm and consecrate; but when it really “counts”, does the concept of loyalty allow for bilateralism, or was it merely a one-way street:  Your loyalty to the Federal Agency or the Postal Service, in return for a false positive?

Is filing a Federal Disability Retirement application considered a “false positive”?  Or even in an inverted sense – it is “positive” because it is a benefit which is available when (often) all other options have failed; it is purportedly “false” because it means giving up one’s career and being presented with a future with less income.

But it can also possess an inverted meaning –  of a false positive because it is an a recognition that the medical condition has come to a point where an admission must be made:  the falsity of hope in relying upon the Federal Agency or U.S. Postal Service to reward one’s undiminished loyalty these many years and decades, would result in an accommodation of the medical condition, combined with a sense of positive outlook for the future because of this past reliance.

No – unfortunately, such a false positive would surely have to be retested, and the result would be that, yes, the false positive of having the ability to prepare, formulate and file for Federal Disability Retirement benefits is indeed a true positive that is there to be accessed.

Sincerely,

Robert R. McGill, Esquire