Tag Archives: when you cannot longer get light duty at the usps postal service

FERS Medical Retirement: The Chance for Success

It is what everyone wants to know; we have all been accustomed to relying upon percentages — of probability theories from the likelihood of being struck by lightening to whether we will be attacked by a shark while swimming in the ocean (in both instances, of course, various factors come into play, as in: If you don’t venture into those circumstances which favor such calamities, the probability of such occurrences precipitously drops).

Or in the case of divorce, for example — Does including Elizabeth Taylor in the statistical analysis skewer the numbers— or those in Hollywood generally?

One can argue as to the accuracy of statistical analysis by questioning the data used, but we nevertheless seek assurance and find refuge in numbers, because of the impenetrable mysteries surrounding numerical certainties.  Math is a uniquely different language, and most of us struggle with comprehending its complexities while simultaneously defending its infallible status in the universe.

For Federal Gov. employees and U.S. Postal workers who have filed, or want to file for Federal Disability Retirement benefits under FERS, the question often posed is — What are the chances for success?  The answer, of course, is: It all depends upon the various factors underlying your own particular case.

However, one thing is quite certain: You must be prepared to fight for your case, a each and every stage of the process.  You must prepare an arsenal of weapons — not the least of which, includes the legal cases which favor and support your case.  It may be a self-evident proposition, but here goes: If you are not willing to fight aggressively against the U.S. Office of Personnel Management, you will surely lose.

So, take this simple advice from an experienced lawyer: Filing for Federal Disability Retirement benefits is not for the “faint of heart” and must be engaged in only with a view towards a “long and arduous slog”.

And as for the chance for success?  With the guidance of an experienced Federal Disability Retirement Lawyer, it can be exponentially enhanced.

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 for FERS employees: Poetry and Prose

The objective world reflects the insular mind; and though we expend less and less energy in modernity to engage with the former, the latter nevertheless continues to reflect the former.

Poetry is to the objective world as the morning’s dawn allows for clarity of thought.  The scent of a rose; the first snowflake; a rainbow after a thunderstorm — these and more represent the poetry of the objective world.

Prose is the rest of life — of the long and sluggish days in work and solving problems; of slogging through an especially difficult time; of marriage, family, and merely living life, for endurance and making it through the day represents the lengthy prose of paragraph after paragraph, page after page.

Then, there may be a short interlude — a line of poetry, a happy smile, a child being born, a light-hearted moment.  But then the prose of life comes roaring back, as the daily struggles overwhelm us like the darkening clouds of summer rains.

For Federal employees and U.S. Postal workers who struggle with a medical condition such that the medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job — has the prose of life extinguished any poetry left?

Contact an OPM Medical Lawyer who specializes in Federal Employee Disability Retirement, and let some stream of poetic light enter back into the lifetime of prose’s deficient enamor.

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 Benefits: Words & Images

Enter a gift shop and see the generic photograph inserted within a picture-frame for sale.  Who is it? Why was the photograph taken?  Was it merely to help sell the picture-frame?  Enter an antique shop where one sometimes comes across old photographs — perhaps even a daguerreotype — often faded, normally of a stilted figure; perhaps of a young woman, an old man, a soldier in uniform; a family on an outing; of a city scene where horses and carriages fill the streets; or of a father and son smiling, a daughter and mother staring impassively at the photographer in a still-life of unknown origins and an unverified date.  Who were they?  Why was the picture taken?

For the casual visitor to the store, who merely glances at the collection of old castaways, the images mean little, if anything at all.  Yet, there is a story behind each image — one which may be forever lost.  For, why else would such photographs end up in an antique store, out of the safekeeping privacy where they once belonged, where once words and memories attached unassailably with the photographs which told a story.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition prevents the Federal or Postal employee from continuing in the career of one’s choice, the disjunctive between words and images becomes poignantly clear within one’s own mind: Who were we once, and do the words others use in describing you match the story between words and images?

Filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management is a step toward re-matching the image one has of one’s self — of vibrancy and accomplishment — and the words others use to describe you, as well as the words you use to describe yourself.  For the moment, however, the words used are necessary in preparing an effective Federal Disability Retirement application — one of being in a lesser, debilitated state because of one’s medical conditions — must be carefully chosen in preparing one’s Statement of Disability on SF 3112A.

Consult with a FERS Attorney who specializes in FERS Disability Retirement Law, and make sure that the words and images utilized in preparing a Federal Disability Retirement application accurately portrays the state of present mind experienced.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Disability Retirement Attorney

 

FERS Disability Retirement: Does Anyone, Anymore?

Does anyone read poetry, anymore?  Does anyone ever talk to anyone else, anymoreface to face, outside of the medium of electronic devices?  Does anyone actually give his or her full time and attention, anymore?  Does anyone believe in anything, anymore?

As the pews of churches become emptied ever more each day; as people interact through Smartphones and other electronic devices exclusively; as the world of reality is ever more replaced by the virtual universe of language games no longer based upon the disjunctive between truth and falsity — one wonders whether the abandonment of poetry is a sign that human emotion and empathy is no longer evident in the soul of a civilization.

Reading poetry takes time; time that we no longer have.  Reading poetry takes patience; patience which can no longer be afforded.  Reading poetry requires the lull of cadence where voices and laughter commingle into a shared mirth of joyful sounds; and of which we have lost.

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 all of the essential elements of one’s Federal or Postal job, the question becomes: Does anyone, anymore?  Does anyone care, anymore?  Does anyone actually want to help, anymore?

Consult with a FERS Attorney who specializes in FERS Disability Retirement Law and consider filing for Federal Disability Retirement benefits, lest the quest is answered in the negative and termination of employment becomes just another unanswered questionreverberating with the finality of, Does Anyone, Anymore?

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Moments of clarity

There are those moments, aren’t there?  It may come as a flash, in the middle of the night, while walking quietly in the woods (or in one’s back yard, pretending that it is in the middle of somewhere’s nowhere, despite the loud humming of lawn mowers and air blowers whoosh-whooshing in the distant yonder over the fence beyond); and it need not be because of some eureka moment or because of problems faced and meditated upon.

There are moments of clarity in life, and they may be identified and described in various ways – of periods of inspiration; of a heated splice of madness; an awakening from a dream despite lack of sleep.  Or, perhaps a spark of genius came about.  A childhood memory, a dream once vanquished, a feeling of regret later in one’s life; these are the crumbs that gather in the corner of the dinner table, left behind like the ghostly apparitions of yesteryear’s hopes and unfulfilled cannibals of thoughtless mimes; and yet they can haunt or stir.

Such moments of clarity can bring about change; or, we can repress, suppress and ignore them, and allow them to wither away like flowers left in the pot of life’s mish-mash of events, and slowly they die, weakened by lack of care and ignorance of beauty.  Medical conditions themselves can bring about such moments of clarity; of the futility of trying to maintain appearances, and instead of facing a reality that is sharpened by pain, anguish and society’s definition of what it means to be productive.

Health is indeed a gift; poor health, or deteriorating health, brings about a different kind of gift – one that sometimes allows for those moments of clarity.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition brings about a realization that the Federal or Postal employee is no longer able to carry on as before, and that preparing a Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management is now a necessity, it may well be that such a conclusion of a necessary change in one’s life came about because of one of those “moments of clarity”.

Don’t ignore it, as it may not come about again.

Instead, like warnings, clues and prognostications of impending necessities, the need to listen carefully to one’s health and mind may be just a moment of clarity that your body is simply telling you something.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for Federal Disability Retirement Claims: The image we hold

What picture do we carry?  No, not in one’s pocket or wallet, but in the eye of one’s mind.  Is it one that has been frozen in time; an imprint from a bygone era, a specific day in one’s past where childhood memories once floated upon a cloud of dreams and wishes?  Or, is it of more recent vintage – wrapped in layers of cynicism and denied opportunities, huddled in a corner where bitterness, wrongs and outrages of blames and byproducts of what others have “done” have emasculated and left that image we hold with disdain and dank disgust?

Where we are in life, at what stage we find ourselves; often, how we act and engage the world depends upon the image we hold of ourselves.  It is, after all, the one person whom we have no idea about.

Oh, yes, we try and fool ourselves by claiming to know ourselves better than any other, and we do this because we are the only ones who have access to that “inner” soul that speaks soliloquys and bitter asides when we believe no one else is listening.  But that is merely a subjective understanding of a subject that lives in the world of pure subjectivity; it is not, after all, an “objective” perspective and assessment of who we are.  For that, we must turn a dispassionate eye in reverse-form upon the image we hold of ourselves.

In the end, are we anything more than the aggregate of a language we have learned, and the very usage of the language we have acquired, the sense-impressions we have encountered and the image we hold – is it any more or less than what others have of ourselves?

That is why, in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to have a greater sense of who we are when we write that “Statement of Disability” on SF 3112A.  For, SF 3112A requests certain and specific information about one’s self, the nexus between one’s medical condition and the impact upon one’s positional capabilities and essential elements of one’s job.

But the narrative we write should have a certain sense of objectivity about it, precisely because it is going to be some “other” person who will be reading it, assessing it and evaluating the sincerity and persuasive impact of the delineated discourse.

From that perspective, the image we hold of ourselves can be an impediment, precisely because it may not be an objective viewpoint, but one wrapped in the perspective of pain, turmoil, anger and despair, which is understandable, taking the medical condition into account.  Perhaps, an advocate who has a more “objective” perspective – like a lawyer who is well versed in Federal Disability Retirement law — might be of some assistance in the process.  Just a thought.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Law: How Does One Know the Age?

It cannot be by counting wrinkles, or the number of gray hairs; for, some people never develop them, and in any event, new methodologies of plastic surgery, hair dyes and other cosmetic creativities can easily override such superficial eruptions of telltale signs.  Photographs can no longer be evidence of aging, for airbrushing and digital modifications can dispense with such irritating characteristics.

But when there is a personal encounter, how can one judge, and fairly and accurately assess?  Is it the eyes?  That “window to one’s soul” — does it reveal a depth of depravity over time, such that the hollowness revealed in innocence at an early age is replaced by a coldness and cynicism of reflective hurts?  And of the greater age — of this epoch, the generation and historicity of time; how does one know it, too?  Older generations tend to cling to the past, and it is through that prism of past time that the present is viewed, the future foreseen; but does such a perspective differ from those who are young and never experienced the discomfort of lack? And medical conditions and their impact upon one’s ability and capacity to continue a career — how does one know?  The subtlety of warnings can be non-decipherable when asked to describe in words.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, it is fairly early on that one has a sense of where one’s career will be going.  Doctors can talk about surgical intervention and medical regimens and their supposed efficacy in treating a condition; but in the end, the Federal or Postal employee who experiences the medical condition itself, knows in one’s proverbial “heart of hearts” whether the Federal or Postal employee will be able to continue in one’s career.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is a process which is daunting, and thereby delay of diligence is often a factor which is merely engaged despite having known for some time.  It is like guessing the age — whether of another person, or of the historicity of being a stranger in a strange land — it is the subtlety of telltale signs which reveals the future course of an already-determined process of inevitability.  And like aging itself, the fight we pretend to engage is merely an act of futility, and we know it; we just don’t want to look in the mirror and face it, lest those lines of time show us who we are, what we did, and where we are going.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Lawyer: The Complexity of Unpredictability

Some view human behavioral unpredictability as a declaration of the underlying complexity; others would have it that, far from any such convoluted aspiration towards mystery and intricacy, a yawn and ensuing boredom more likely represents the determinism and simplicity of humans.

Which represents the true picture?  Perhaps youth and a naive lack of experience in encountering the universe of everyday conflict is what we discover in the spectrum of opinions; and cynicism abounds upon greater enmeshment and entanglement with the human condition.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the question often arises as to whom, when and the timing of divulging the intent to file.  As the saying goes, discretion is the greater part of valor; unless there is a compelling reason to do so, limiting the information where relevant; restricting the venue of information to the extent possible; and keeping mum until and unless necessary, should be the guiding principle.

Why?  Because, first and foremost, medical information (which is obviously the primary foundational basis of a Federal disability retirement application) is sensitive in nature, confidential in scope, and entails vast privacy concerns for all.  Further, one never knows how an agency and its representatives may react (thus the charge that human beings are complex in nature), but the predictability of big-mouths and lack of discretion (alas, the corollary charge of simplicity of humans) should restrain and constrain any urge to divulge earlier than necessary.

“Necessary” is the key word, and that applies to people, timing and context of dissemination of such confidential information.

For the Federal and Postal employee contemplating preparing, formulating and filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the general rule, always, should be to believe in both contradictory assertions:  Because human behavior is complex and unpredictable, be discreet in revealing information; and because human behavior is simplistic and unimaginative, similarly be discreet and restrained in providing sensitive information.

As one side of a coin is worth just as much as the other, it is best to feel the nature of two faces in a world replete with two-faces.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability under FERS, CSRS or CSRS Offset: To Lose a Kite

It is that loss of innocence; of a childhood cut and let go, a bifurcation of sorts, where the fluttering tail fades into the misty distance of time past, eternity unfulfilled, and the present moment shattered by a loss not valued by economic standards, but by the negation of that which was, will never be again, and won’t be coming back. The loss of anything is valued by the attachment of human passion, the trembling fear of future consequences known and yet to be determined, and the expectation of a hope left as a residue of hard work and toil.

Do we remember that loss of a kite, at a critical moment in time when the champion of winds clapped and cheered as we controlled the destiny of an artifice so flimsy in manufactured quality and yet defying the aerodynamic laws of the greater universe?  Neither the Law of Newtonian physics nor the quantum theories compromising Einstein’s theoretical constructs could defy the persistence of levitational determination, coupled with a coil of thread in the stubby little hands of a child, with but a tug and a pull; and then, suddenly, it was gone.

Is not the future of an adult like that fleeting moment? What a qualitative difference a day may make; when once free of pain, then to experience the excruciating agony of debilitating onset; or where rationality and promise set the course for future happiness, only to be overwhelmed by fear, anxiety, depression and panic attacks. Life is tough; but when a medical condition intervenes and tears apart the very fabric of living, that compromised life becomes almost an unbearable mesh of a twisted cathartic of impenetrable jungles of psychological, physical and emotional turmoils. For many, there is no escape, and that snap of a thin reed which left the child’s hand empty of promise, is all that remains.

For Federal employees and U.S. Postal workers who have the minimum years of service under FERS, CSRS or CSRS Offset, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the best — if not the only — recourse out of a madness undeterred. Federal Disability Retirement is a benefit accorded to all Federal and Postal employees as part of one’s compensation package, and allows a person to stop working, receive what amounts to a lifetime annuity, while accruing more years in building towards a final retirement converted from disability retirement to regular retirement at age 62; and all the while, to live upon that rehabilitative plateau in order to attend to one’s health and well-being.

For, when a Federal or Postal worker is no longer able to perform one or more of the essential elements of one’s job, the choices become stark and limited: To continue in pain and agony; to walk away with nothing to show for one’s efforts and toil; or to file for Federal Disability benefits.

It is like the child who once felt the pleasure of life through the flight of a kite, only to experience the tenuous reed of promise when the snap of the thread leaves the twirling object uncontrolled and uncontrollable, left to the nuances of turmoil and trauma; but to move on is to forge a different path, with the echoes of regret howling in the memories of our childhood consciousness, never to be regained but for a semblance of fated warmth.

Sincerely,

Robert R. McGill, Esquire