Tag Archives: workers comp government long term illness lawyer

OPM Disability Retirement under FERS: The Extracted Tooth

It must be a difficult profession.  Every analogy from time immemorial has always compared negative experiences with the process of extracting a tooth; or, of having a root canal, drilling away a cavity, etc.  There have been, in recent times, advertisements from various dental groups attempting to change its image and reputation — that the dental procedure has attained great advancements in technological approaches and, as a result, the “dental experience” is now a pleasant, almost welcoming encounter.

But do we believe it?  After being told by everyone else, in every profession and by all conceivable marketing techniques and approaches that there no longer exists any negative consequences for anything we buy or obtain, can we be fools enough to actually believe that the “dental experience” is now a pleasant one?

Anyone and everyone who has ever experienced a tooth ache knows that the extracted tooth is an experience to avoid, and were it not for the severe pain leading to its necessity, the dental chair is still one to avoid.  The analogies are replete: every negative metaphor and analogy is likened to it.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application under FERS, the analogy is probably somewhat applicable here as well: Dealing with the U.S. Office of Personnel Management in trying to get a FERS Disability application approved is like the extracted tooth.  It is not a pleasant experience, no matter how you might want to characterize it.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and allow for an experienced lawyer in the speciality of Federal Disability Retirement Law to take your place in that dental chair where the extracted tooth is yanked and experienced.

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: Delaying the Inevitable

A fascinating historical period involved, in the 17th Century, the controversy between Jansenism, Pelagianism and multiple other “isms” concerning predestination, grace, effectual grace as opposed to prevenient grace, and whether our efforts for moral behavior make any difference at all, and Pascal’s response to such issues.

For, if something is inevitable, is there any point in expending the effort in attempting to “influence” the outcome if the outcome is predetermined, anyway?  If the Calvinist theology of a limited number of “the elect” is true, and X is not of the class of “the elect”, what would be the point of acting in a morally upright manner if it makes no difference?

Instead, wouldn’t human beings likely try everything to delay the inevitable — of clawing onto this life merely to survive at all costs, including murdering and enjoying every sensual pleasure, knowing that the inevitable was the pain of eternal damnation?

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, “delaying the inevitable” — of filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management — may seem somewhat akin to the 17th Century theological controversy described above — if merely because continuing in one’s career is preferable to ending that career and going into early medical retirement.

However, there is one crucial difference: The “inevitable” will allow you to work at another job in the private sector or for the state and local government, and still allow you to make up to 80% of what your former (Federal or Postal) position currently pays.  Thus, unlike the inevitability of hellfire and damnation, you can actually move forward into a second career.

Contact an OPM Disability Attorney who specializes in Federal Medical Retirement under FERS and stop worrying about delaying the inevitable; for, the inevitable is not as negative a state of being as you might think.

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 under FERS: Future Robbing Present

How much time do we spend worrying about the future?

In this concerning age, where debts keep rising, expenses keep increasing, wages remain stagnant and instability around the world continues as a reality we are all faced with — the amount of time spent in anxious anticipation of a future not yet established is a reality which we all must constrain.

Planning for the future is a necessity; articulating plans and loosely following them, a nuisance; but what of worrying about a projected experience not yet upon us — is it a mere waste of time?

The future robs the present by keeping our focus outside of the experiences of the present; whether by brooding about it, being lost in thought for it or merely fidgeting with anxiousness towards it; it all amounts to the same:  The joy of a present experience is lost because of the worry which overwhelms us.

Of the past — we tend to relish or regret it; but inasmuch as it is something that has already occurred, we do not obsessively remain in that time slot; unless, of course, we fear the consequences of past actions upon future events.  But it is for present circumstances that may trigger future worries — as in a medical condition currently experienced that we project into the future as to the medical condition’s capacity to impact our anticipated lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition will likely prevent the Federal or Postal worker — in the future of, say, 6 months hence, 12 months beyond, 3-5 years of becoming — from performing one or more of the essential elements of his or her Federal or Postal job, it is always a good idea to consider early in filing for Federal Disability Retirement benefits under FERS.

If worry for the future is robbing the present, then it is time to consult with an Attorney who specializes in Federal Disability Retirement Law.  Worrying about the future will not change or alter the course of events yet to come; to prepare for a pathway towards such change for the future, it is wise to first consult with an experienced Federal Disability Retirement Attorney, lest the future come upon you unprepared and like a thief in the night robbing you of your present.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: Of myths and unicorns

We too often consider myths and unicorns as those ancient stories based upon an error in analysis of transcendental or metaphysical concerns; that, somehow those “old folks from the past” (you know, the Celts, the Druids, the Normans and Romans and all of those other funny-sounding names once remembered for multiple-choice tests but otherwise lumped together as so many knights in shining armor with large red crosses painted across their chests) just didn’t understand the laws of the universe, Newtonian Physics or Einstein’s Theory of Relativity (even though we ourselves, or most of us, barely comprehend even the surface of such conceptual constructs), and that through misapprehension of the underlying “scientific” principles that were yet undiscovered or unrecognized, our sophistication in modernity can easily dismiss those beliefs of yore, of myths and unicorns.

But of our own myths and unicorns, of course, we can justify, though we cast away objective truth by a mere dismissive wave of the hand with certainty within the insularity of our own opinions, and declare dead the Platonic Forms or Aristotelian logic that once dominated the Western sector of the universe, and thereby cling to the very myths and unicorns we have created, though new and refreshing they may be or seem.

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, it is important to distinguish between myths (i.e., those stories of the ancients that are told around bonfires and sacramental declarations in the corridors of echoing halls), unicorns (those folklore creatures still believed to be in existence by some, like hobbits and gnomes) and The Law (that funny creature that creeps about in the dark recesses of doubtful minds, that somehow governs the day to day activities of most, and for the particular Federal or Postal employee who must consider filing for Federal Disability Retirement, some specific application to protect one’s rights).

Before you begin the process of preparing, formulating and filing for Federal Disability Retirement, know The Law by consulting with an attorney who specializes in Federal Disability Retirement Law so that you do not mistake the misapprehension of the universe of Federal and Postal actions like so many myths and unicorns that yet pervade among us.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The little pleasures in life

One often suspects that the concept itself was invented by the wealthy and scornful — perhaps in some back room where caviar and champagne were being served, and someone whispering, “Let the little people have some little pleasures in life…”.  It is that which we are prevailed upon to believe as the ultimate contentment of life: of the “little pleasures” that pass by as the greater significance, as opposed to owning an original Monet or a Renoir.

Is it all bosh?  Does sitting alone with a fresh cup of coffee before the din of life invades — can one glean any greater pleasure than that very moment of quietude just before?  When one stands in those rare moments of uplifting insights — as when, on a clear and darkened sky, you look up and see the trail of a shooting star — does the fact that everything else in the world seems to be falling apart make up for it because you suddenly realize the majesty of the colorful universe above?  Or of a playful lick from your pet dog, the squealing laughter from a child’s joy, and even of the simple pleasure of reading; do these bring greater pleasures than caviar and the roar of a yacht’s engine?

Perhaps there is truth in the admonition of the wealthy that little people should be allowed to enjoy the little pleasures in life; otherwise, what would we all be left with?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the little pleasures in life will often have become the greater tragedies of reminders — reminders that you cannot even do those things you once took for granted.

When that critical juncture of realization comes about, then there is often the further recognition that it is time to prepare, formulate and file for Federal Disability Retirement benefits, to be submitted through the U.S. Office of Personnel Management, in order “go back to the basics” — of prioritizing one’s health as opposed to work and career; of regaining the little pleasures of life, like having a restful sleep without the interruption from pain or anxiety.

For, in the end, whether born of wealth and privilege or of ever struggling to meet a bill, it is truly the simple pleasures of life that provide for the foundational clarity of truth in a world that promotes falsity that becomes revealed when the importance of one’s health comes to the fore.

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

 

Federal Employee Disability Retirement: The limited reservoir

What if the reserve is limited, but we are never informed of it?  Perhaps the gods, fate or however the source of creation is defined, has placed a quota upon the extent of that which is expended, but we are never included in the corporate decision-making process – then, what?  Death, insanity or just plain debilitation and stoppage of activity; is that what we call “an unfortunate end”?

By “reservoir”, we normally mean that natural or artificial accumulation that is used for a specified purpose – the town’s water supply; a special cache of good wines; or perhaps, even that sixth player who is left sitting (a temporary “bench warmer” – though, perhaps in this climate of everyone being nice to each other, such terms are no longer considered appropriate) aside until a burst of fresh input is needed.

Concurrently, we expect that any depletion from the cistern is consistently replenished, except during periods of extreme droughts when we are forced to systematically make use of it with the justification that it is that for which we reserved it in the first place, and when times are better, we will take care in replacing that which seemed limitless just an eon ago.  And, why is it that when the main tank has been completely re-filled, we have a tendency towards excess and lavish spending, but when we hit the “reserve” indicator, suddenly we act with frugal caution and become responsible conservationist?

Is it because of our hereditary backgrounds as hunters and gatherers during a time of unknown and tenuous circumstances, when bodies hungrily stored fat in order to survive during those times of want and scarcity?

What if we are left with a limited number of words in life, and once expended, we become transformed into unnoticed mutes wandering across time, traversing the silence amidst others who have saved their reserve for future accessibility?

Life often “feels” like that – of having reached a point of depletion where the quota has been reached, the reservoir has been emptied, and the excess energy expired.

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 position, it often seems as if the reservoir needed in order to reach that golden mark when retirement age and cumulative years of Federal Service coalesce to allow for passing across the proverbial “finish line”, has been too early depleted.

Unfortunately, medical conditions hasten the reservoir of time, energy, patience and capacity to withstand the daily toil of workplace stresses and employment concerns, and there is often a need to access an alternate source of supply.

Federal Disability Retirement allows for that; it is a means to recognizing that the reservoir is limited, and that the medical condition has reached a critical point where replenishment is no longer an option.  Yet, even after a Federal Disability Retirement is achieved, the Federal and Postal worker can go out into the private sector and remain productive, and under the law, is allowed to make up to 80% of what one’s former Federal or Postal position currently pays, and still maintain employment and receive the annuity.

For, while the reservoir of one’s life and talents may indeed be limited, it is the limitation of self-imposed stubbornness in refusing to acknowledge that the medical condition has reached a critical point, that often defeats and depletes long before the fuel gauge indicates a warning light of that ever-blinking “danger” point.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement Law: Sifting

Life requires sifting through a sieve; otherwise, the unwanted and undesirable particles of coarseness and garbage will become part and parcel of the component of one’s daily living.

Have you ever watched how the screen picks up, prevents and protects against intruding contaminants attempting to interlope?  How dust sticks to likeness and filth collects upon kindred spirits?  Are we talking about particles and contaminants — or of humans by analogy and metaphor?  Those descriptions which fit the picture frame of sifting screens can certainly apply to life’s encounter with fellow humans; how we change filters, when, and to what degree, applies to human interaction, as well.

For Federal employees and U.S. Postal workers who engage the bureaucratic process of filing for Federal Disability Retirement through one’s agency, and ultimately with the U.S. Office of Personnel Management, there is often a metaphorical sifting process which applies beyond changing the filter of one’s heating and cooling system.

It involves the prioritizing of important and significant issues; of whether work should prevail over health; of recognizing true friends and colleagues, of those who show loyalty beyond one’s contribution to the workforce and reveal an empathetic soul when needed; of securing future needs and differentiating between that which is necessary as opposed to sufficient; and in the end, of crystallizing human relationships, where the refractory nature of family, friendships and filial fondness may flower with a collage of hues and colors bending with the corridors of time.

Does all of that occur with merely filing for Federal Disability Retirement?  It is a difficult process, evolving through the origination of a medical condition, and it is often the time when triumph treasures the tragedy of origins, and where sifting of life’s undesirable particles begins.

Sincerely,

Robert R. McGill, Esquire