Tag Archives: when a fed employee is discriminated from employment in the u.s. government workplace due to physical or mental limitations then the fed workers should consult a federal opm attorney

Federal Disability Retirement: The Music of Yesterday

There is a mournfulness in listening to yesterday’s music; of evocative memories and places we have been, the person we once were, the relationships previously haunted.

The clutter of a busy life barely allows room for music to be appreciated.  To have the patience for classical music requires time, which we no longer have; for other kinds of music, the dashing about to get stuff done allows only for the radio’s capture of time, and that, only if you leave your thoughts behind.

One is often struck by the innocence of the lyrics of past music; and while commercialism has determined the relevance of the music of yesterday, nevertheless, it is fun to sometimes listen to the actual lyrics of a couple of generations ago, and pause to appreciate how depraved we have become when compared to the explicit language of today.  The music of yesterday, if listened to, reminds us that the past was a different time than modernity.

Likewise, those with chronic medical conditions are reminded that bad health was not always the case, and the music of yesterday stands as a metaphor and testament that we were all once young, healthy and vibrant.  What changed?  Just as the quality of music changed, so our lives have changed.

For Federal employees and U.S. Postal employees who need to consider applying for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under the FERS system, the music of yesterday necessarily reminds us of that period of yesteryear when health was taken for granted.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement under FERS, and consider whether the Music of Yesterday might not be appreciated with greater vigor once you can focus upon your health, when you can retire on disability retirement and take the time to regain that which has been temporarily lost.

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 Law: The Ill-Fitted Life

Have you ever worn a shirt which is ill-fitting?  When you first put it on, you have a sense that something is not right — whether it is too tight at the shoulders, or perhaps the stomach (at which point you pull that extended belly inward, fooling yourself that the contraction is actually your natural way of walking about, despite the uncomfortable manner of breathing); or, perhaps the collar leaves too much space and tightening the tie only folds and creases the gap, making your neck appear as though you are climbing out from a sewer drain.

You say to yourself, “Well, maybe it just needs to be worn throughout the day and will resolve itself”, and so you go out the door against your better judgment, ignoring the cautionary voice which keeps getting louder with each step away from the opportunity to go back and change.  So, you wear it throughout the day, and you are self-conscious.  You avoid people; you turn sideways when speaking to others, hoping that by making any visual perspective somewhat indirect, no one will notice that which you can plainly feel.  You go into the bathroom more than usual to view yourself in the mirror, and each time, you convince yourself that it looks fine; nothing out of the ordinary; no one will notice.

Such is the metaphor for the ill-fitted life.  You know it; you can feel it; and throughout, deep down, it is with you always.

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 your Federal or Postal job, you know in your heart of hearts that continuing in that job constitutes the very definition of the ill-fitted life.

Contact an attorney who specializes in Federal Disability Retirement Law and begin the process of turning back so that you can change out of that ill-fitting shirt, and initiate the process of preparing, formulating and 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.

 

Federal Employees with Disabilities: Simplifying the Complex

Genius is to comprehend the complex; competence is to utilize it; adequacy is to merely get by with it; to be lost is to become mired in it.  The world is complex.  Balance in a life is complex.  Trying to survive in a complex world requires a balancing act that even the most skilled tightrope acrobat can barely accomplish.

Once, when a reporter asked a mountain climber who had successfully scaled the North Face of the Eiger “why” he does what he did, the reply was: “When I am climbing, my only focus is to survive.  I do not need to think of anything but the next step, the next hold, and to ascend inch by inch.  Nothing else matters but the moment.”

But that life could be lived within the paradigm of that philosophy — of “living for the moment.”  To do so, of course, would require setting aside the baggage from one’s past and ignoring the tumultuous considerations for the future.  For most of us, we simply cannot live like that.  In this complex world, we try and “get by” through simplifying it — bifurcating it into comprehensible and digestible components; attending to each one at a time; then starting all over again at the beginning of the next day.  To simplify the complex is a skill-set that one must attain in order to just survive.

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 complex universe of an administrative process like filing for Federal Disability Retirement benefits is a bureaucratic morass that will often require legal advice, guidance, assistance and counsel.

It is the job of an attorney who specializes in Federal Disability Retirement Law to simplify the complex.  Consult with an attorney who specializes in Federal Disability Retirement Law when preparing, formulating and filing for Federal Disability Retirement benefits, lest you find that the complex remains too complicated and the next mountain to climb has become too steep an obstacle, like the North Face of the Eiger.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Damaged Goods

What do we do when first we realize the defects revealed?  If by mail order, we ship it back; if by direct purchase, we confront the storekeeper and point out the lessened nature of perfection and demand either a reduction to the original price or a full return upon the item purchased.

Damaged goods come in various forms: of complete uselessness; of partial defects that matter not; of a lifespan severely shortened; or of irreparable imperfection such that it cannot be used at all.  And of people who view others in a similar way — how do we judge them and what do we think?  Is it “right” for a person to view another as an object — as “damaged goods” — or must we always look beyond the person as a mere commodity and speak in terms of empathetic subjects reaching beyond the surface of a person’s value as nothing more than the price of a car or of an apple to be devoured?

Yet, that is how a person is looked upon, is he not — as in a Federal employee or U.S. Postal worker who begins to 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 his or her Federal or Postal job.  The Federal Agency or the Postal Service begins to view the Federal or Postal employee in terms of “productivity”, of “value” to the Agency or Postal unit — in other words, as a mere object to be assessed as a commodity, and whether the “damaged goods” should be sent back, returned, or replaced with a full refund.

When that perspective is asserted by one’s Federal Agency or the Postal Service, it is time to prepare, formulate and file an effective FERS Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.  For, in the end, the damaged goods must be replaced with a refund or a return, lest we recognize humanity’s incapability of recognizing the difference between commodities and people.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Life can change in a day

A wise person once quipped that, If you don’t like the weather in this area, wait a day and it’ll come around.  The greater meaning of such a kernel of wisdom, of course, is that it is a microcosm of a wider reflection concerning life itself; wait long enough – sometimes a week, a month, a year, or a few years – and circumstance have a tendency to alter the course of one’s life and therefore one’s perspective.

Life can, indeed, change in a day; one day, you are happily drifting along, believing that nothing could be better; and the next, a calamity ensues, the human experience becomes a “topsy-turvy” matter and suddenly sours upon the smiling demeanor we carried just a moment before.

Or, one may begin the day in a negative and foul mood, but something changes, alters, moderates and impacts, and we come home despite the turmoil of work and daily problems with a smile on our face, and when asked “what is wrong?” (as opposed to, “What is right?”), we smile distantly and refer to the sunshine, the weather, the flower smelled on the road home, or that Frost-like metaphor of having taken the road less traveled on the way there.

Or, perhaps it is the simple recognition that there is more to life than one’s own narrow perspective, that suddenly creates the change in the day of one’s life.

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 positional duties as assigned, the idea that life can change in a day is as real as the sun rises and is expected to rise.

The process of filing a Federal Disability Retirement application is a long, complex and bureaucratically difficult process, and often the process itself can be a defeating proposition as one awaits for a positive decision.  A denial from the U.S. Office of Personnel Management can have a devastating impact, and a second denial at the Reconsideration Stage can have a further deleterious effect.

With each decision, life can “change” in a day.

On the other hand, an approval effectuated from OPM can also have that same effect – of a change in one’s life, all in a day.  That is the ultimate goal – change, but in a “positive” sense; for, to remain static is to become an inert substance, and life, if anything, is a continuum of constant flux and change, like the weather that can never be correctly forecasted, and the life that can never be accurately predicted.

Sincerely,

Robert R. McGill, Esquire

 

Uncertainty and Confusion: The Federal Employee’s Sense of Identity

It is through ascription from third parties, over extended time periods, where the development of self-identity takes root, through subtle, incremental ways, until one day, unnoticed, without fanfare and unheralded, it becomes a known quantity of acceptance within one’s social circles, professional associations and the greater macrocosmic world we encounter.

The day or the time can never be pinpointed; having a name plate designed and placed upon one’s desk does not provide it; and calling yourself repetitively the title or nomenclature doesn’t quite satisfy the requirements of the sought after.  That is the anomaly; one’s identity is who one is; yet, it cannot be established by the is-ness of being; it is dependent upon the declared identification of that is-ness by others who recognize the being-ness of the individual seeking the is-ness of the person within a specified time, constrained by the community of place, and bordered by the parameters of choice. “Oh, that is so-and-so”; “Yes, Linda is the Director of ____”; “Our Letter Carrier? He’s John ___”; and so does one live within the identity of third-party ascriptions, and how we develop the self-reflection of who we are.

When lost, the crisis of self-identity comes to the fore. When it is stripped prematurely; when choices must be made to abandon the identity; when external circumstances necessarily dictate a change of identity; the crisis is exponentially quantified.

For the injured Federal employee or the chronically ill Postal Worker who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the crisis of identity is often inseparable from the anxieties driven by an overwhelming sense of fear, loathing, and anxiousness over a future unknown and unanticipated. For, having a medical condition which suddenly dictates the terms of one’s choices, is essentially a negation of all that one has worked for; and to top it all, one’s very identity which has been ascribed — almost without thought, presumptively and assumed throughout without daily payment or homage for retention or reapplication to maintain the worth and value of that title — is about to be stripped, lost, taken away, and thrown into the greater heap of forfeited titles.

Abandonment, release, and sudden absconding from a known and identifiable context of life; that is how it often feels when one loses one’s identity. The medical condition itself, however, must dictate the terms of disengagement; filing for Federal Disability Retirement is a necessity and the urgency of doing so will allow for that plateau of rehabilitation in order to attend to the priorities of life; for, without life, there can be no identity, whether one’s past, present, or future ascription of the honorific title is grand or insignificant. In the end, one needs to recognize that the title most prominent and of greatest priority, is the given life as recognized in one’s reflection, and not the fleeting glory attained through accolades from others, no matter how great it all felt at the time.

Sincerely,

Robert R. McGill, Esquire