Tag Archives: workers compensation and disability retirement attorney

FERS Medical Retirement Law: The “EU” Prefix

Good; well; uttering sounds which portend of good omen; and of the root word of “euphemism”, it comes from the Greek word, “phemos”, or “speech”; or of the word, “Euthanasia”, the word after the “eu” is derived from the Greek root, “thanatos”, or death.

And thus do we alter and modify the very meaning of the words by attaching the prefix, “eu”, and turning a negative concept into a positive one: of speech which could be harmful or derisive, into an utterance of a more positive outlook; and of death — that ultimate end which portends of agony and pain  — into a painless sleep into that eternal darkness.  It is the prefix attached upon a word which can turn the negative into a positive.

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, preparing, formulating and filing an effective Federal Disability Retirement application under the current Federal Employees Retirement System (FERS) through the U.S. Office of Personnel Management is tantamount to place the “eu” prefix onto your life and career, where the medical condition itself has become the negative impact upon your life and career, and where the “eu” prefix can turn that around and make it into a positive circumstance.

Contact an Federal Attorney who specializes in Federal Disability Retirement Law and begin the process of attaching a positive prefix onto a negative circumstance by become eligible for Federal Disability Retirement benefits under FERS.

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: The Inevitable Choice

We resist, and yet we know; we avoid, even though we realize; and we procrastinate, despite all indicators to the contrary.  It becomes the inevitable choice because there is really no other option to embrace.

Federal Disability Retirement is never the first choice; it is not something people wish for, dream for, accept easily; instead, it is the choice of last resort.  For, not being able to continue to work in pain or despondency, the other options are foolish ones at best and, at worst, detrimental to our own self-interest.  You can wait to be fired; you can resign and walk away with nothing; or, you can choose the inevitable choice — file for Federal Employee FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Perhaps you still hold out for some miracle cure; or maybe your doctor is unwilling to complete any paperwork; or you simply are not ready to “retire”, yet.  Nevertheless, when you have run out of all other options and Federal Disability Retirement is the inevitable choice, you need to contact an attorney who specializes in Federal Disability Retirement, and begin to exercise the option of the inevitable choice, lest even that choice becomes a non-option.

Sincerely,

Robert R. McGill
OPM Disability Lawyer

 

FERS Employee Disability Retirement: The Legacy of Achievement

We all dream of having contributed to society in greater or lesser ways.  Whether individual achievements are enough, where private satisfaction is gained through a restricted circle of those “in the know”, is doubtful; and even of leaving a name behind on a building, a statue or a commemorative stamp — what difference does it ultimately make, the cynic would wonder aloud?

When we pass by a building with a nameplate in one of the bricks or chiseled into the mortar, do we even acknowledge it, let alone recognize who that person was or what contribution he or she had made to the world?  Do we stand and Google the name and ooh-and-ah at the achievements bestowed?  Or of a statute with the proverbial fountain spewing daily freshness of recycled water, of perhaps a general who had once-upon-a-time led a charge and captured or killed a great opposing force — is that what we consider an achievement worthy of a bronze emblem?

And how about the more subtle legacy, of leaving imprints and personality traits, whether positive or negative, in one’s children or grandchildren?  “Oh, he is just like his father!”  “She reminds me of her mother.”  Or of those quiet achievements by challenged individuals daily around the world; we know not what effort it took, but for the person making the effort in the silence of his or her private suffering.

Achievement is a funny animal; it is ultimately a feeling; otherwise, why would we build statues to declare it to the world if we truly believed in the legacy entombed?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal job, perhaps the achievements one had hoped for in one’s career are no longer achievable, and thus the “legacy” of achievement is no longer possible.

In that event, the Federal or Postal worker needs to reconsider the values once sought, and to re-prioritize the goals pursued.  Perhaps “health” was not part of the original list, but should be; and that is where an effective preparation of a Federal Disability Retirement application comes into play: One’s career was never the legacy to achieve; it was merely down on the list of priorities to be sought, where one’s health and well-being should have been higher on the list to begin with.

Sincerely,

Robert R. McGill
FERS Disability Lawyer

 

Filing for OPM Disability Retirement: Distant lights dimming

How can distant lights dim when they are mere specks upon a blanketed panorama of darkness?

One looks up at the stars and we are told, of course, that the sparkling tapestry may contain those which are already vanished, and what we “see”are merely the residue of a dead or dying star.  In a universe based upon a visual-centered arena, the reliance upon sight to establish facts and verify truth-statements cannot be avoided.

That was Berkeley’s problem, as well — and one which he deftly avoided by re-defining the definition of existence by tying it inextricably with “perception”, including visual, auditory and tactile means.  Much later, and after a series of devastating criticisms launched at the entirety of empiricist tendencies that some would counter artificially manufactured unnecessary philosophical problems (but isn’t that the “fun” of philosophy — to always be left with more problems to solve than the day before?) which haunts us to this very day, Wittgenstein came along and waved aside such conundrums by relegating all such issues to mere problems of linguistic confusion.

Thus was reality divorced from the language we use to describe the phenomena that surrounds us, leaving science left standing as the Last Man and the primacy of philosophy relegated to the dusty shelves of Medieval Times.  Distant lights dimming?  No more a problem than the campfire dilemma — for, do we say that because we cannot precisely pinpoint the demarcation between light and darkness at the periphery of a glowing campfire, that therefore no campfire exists at all?  Of course not!

It is thus not the result of the physical objectivity of the world around us that confuses, but the inadequacy of language that confounds.  Yet, as Man must communicate by means of language and operate effectively within the objective world, so the development of various “language games” must by necessity evolve into greater heights of absurdity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts upon the reality of the “objective” world — entrance and introduction into the binary universe of language games and the greater world at large must also, by necessity, come together in the form of preparing, formulating and filing an effective OPM Disability Retirement application.

You have the medical condition; the medical condition is impacting your ability and capacity to continue in your present position as a Federal employee or U.S. Postal worker.  Such a medical condition may necessitate filing for Federal Disability Retirement — but understand that submitting a “paper presentation” to the U.S. Office of Personnel Management, whether you as the Federal or Postal employee under FERS, CSRS or CSRS Offset, requires an adequacy of language that must go beyond the reality of the medical condition itself.

And like the distant lights dimming, what actually “is” may be divorced from the language which must be carefully chosen and transcribed, lest such inadequacy fails to describe and delineate the reality of the medical condition from which you suffer.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: The Statement

We often hear of various events or transactions in the public arena where a “statement” will be issued, and such a conveyance of information is often prepared, pre-written, read from a piece of paper or plastered upon a teleprompter where the delivering individual merely reads from a text that has been previously written and composed.

It is like a musician who varies not from the score before him, or the player who follows the conductor’s baton with precision of a mime; to vary is to veer, where error becomes the hazard to avoid.  That initial “statement” to the listeners, the recipients, the audience, or however and whomever you want to characterize it as — why is it so important that it is conveyed, portrayed, delineated and communicated in just a “right” manner?

Is it not similar to the importance of preparing an SF 3112A — the Applicant’s Statement of Disability?  Isn’t the SF 3112A a foundational, “first impression” statement that needs to be prepared carefully, with meticulous formulation, like a novel’s opening sentence that must captivate and draw in the reader’s attention?

Granted, the SF 3112A is answered in response to questions required to be formulated by the U.S. Office of Personnel Management for the Federal or Postal employee to provide, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset; but the limitations imposed by space and the relevance of the answers given to questions queried should not detract from the importance and significance of preparing the “Statement” well, in a preconceived and well-prepared manner.

What is the sequence?  When should it be prepared?  What content must it possess?  Should direct quotes from the medical records and narrative reports be included?  How carefully should it be annotated?  Must the Applicant’s Statement of Disability on SF 3112A be confined to the spaces provided?

These, and many other questions besides, should be carefully considered, and to do so, the best way to be well-prepared is to consult with an attorney who specializes in preparing, formulating and filing a Federal Disability Retirement Application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Removal and/or Retirement from Federal Position: The cultivated soul

The loss in Western Civilization of the pursuance of Truth (note the capitalization of the term, in contradistinction from the mundane daily tropes of common factual observations, such as the classic example of pointing to an object and making a declarative utterance, for purely identification’s sake) has resulted in a vacuum of sorts; the consequences reverberate by group identification and causes aggregated based upon preference and subjective elevation of all things decadent.

No one ever talks about the angels of yore; or of the priority of character, and whether the intellect should rule, the appetitive would be subjugated, and the passions controlled.  All animals have equal rights (or so my dogs always believed, anyway, as if there was ever any question in the household); and the human species no longer retains the lofty position once held, where angels sometimes visited and the gods would intervene in playful fits with fated concubines.

The very idea of a cultivated soul once meant something; now, replacements arrive daily in doses of self-improvement programs, soothing the egos of hurt childhoods and health combines where metamorphosis no longer connotes Kafka’s transformational metaphor of a tortured essence of humanity, but merely the mundane wants and fantasies of stardom and being able to be accepted into the superficial realm of the “beautiful” set.

Kardashian and Kanye aside, the great multitude of goals set, priorities garnered, and teleological ends met, no longer includes the antiquated construct of the cultivated soul.  We certainly continue to give lipservice to such latent antiquities; of how education is all important (though the focus is merely upon the ends — of grades and padding of resumes, as opposed to the substantive content of one’s character); and of becoming a “responsible adult” with independence and empathy of character remaining a striving purpose of life itself (despite the ballooning debt and deteriorating economy which undermines all such youthful goals).

Where did that voice go, vanished and vanquished in the shattered inner self where the quiet reflection once persuaded and convinced us all that the hidden worth of a human being could still rise from the ashes of a regenerated Phoenix, when gods still protected and the shriveled remains of a tortured goblin would scurry away into the far corners of an empty universe?  The cultivated soul always needed time; it required reflection, solitude, and a peaceful self-assurance that the coming days would produce a moment of relapse into the timeless carriages of a rhythmic ride through life’s trials and travails.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition no longer allows for continuation in one’s Federal or Postal position, the concept of a cultivated soul may be of a distance beyond a bridge too far.  Pain, agony; cognitive dysfunctions and progressive deterioration; these are the daily hallmarks for the Federal or Postal employee in the present circumstances and currency of today’s slice of life.  But that is precisely why it is important to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset.

For, whether the rest of the world recognizes the sustaining force of Truth in a world condoned by Falsity, the objective world still recognizes that the true essence of the human species will always reverberate amidst the cultivated souls, and to attain and achieve that end, one must first get beyond the medical condition suffered, and begin the steps taken towards a plateau of living where health has been achieved, and the quietude of a contemplative moment may yet be grasped.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: Agencies and the Opium Den of Yore

They were dark caverns of gatherings; residual consequences of colonialism; and though denied in polite society, the lure of addictive aroma wafting ever pervasively brought men and women repeatedly to the doors which opened for the pleasurable moment of escape.  It was like going back, and staying, despite knowing the harm it did, would do, and could wrought, even with the knowledge of the harm portending.  But the residue of the sweet scent would remain, like an invisible thread tugging at the weakest corners of the soul, to return, return, return.

Life tends to do that; of drawing people back, and holding on despite knowing that it is not good for one; and perhaps that explains, in part, those who remain in abusive relationships and engage in self-harm and behavior of self-immolation.

For Federal employees and U.S. Postal workers who remain with the same agency, in the Federal sector or the U.S. Postal Service, knowing that continuation in the same job inflicts harm and continuing, contributing deterioration of one’s medical condition, the agency itself and the U.S. Postal Service becomes like the opium den or yore.  One returns, knowing that the abusive behavior of the entity will only continue to pervade with a constancy of greater aggression.

For Federal and Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the need to separate from the Federal Service or the U.S. Postal Service — like the addict who requires the sheer determination and willpower to stay away from the opium den — often remains the only solution.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a planned escape route in order to (A) rehabilitate one’s medical condition and (B) secure an annuity in order to attain a semblance of financial security, both for now and for the future.  As such, any Federal or Postal employee who finds that a medical condition is impacting one’s ability to perform the essential elements of one’s job, and who sees the sign of future adverse actions on the part of the agency or the U.S. Postal Service, needs to consider the steps necessary to prepare, formulate and file for Federal Disability Retirement benefits through OPM.

One need not be an addict of foregone years wandering through the streets searching for an opium den in order to engage in self-inflicting behavior; it may just be that one is merely a Federal or Postal employee engaging in similar behavior, and not fully realizing the options available.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Consistency

For over twelve years, the lack of intervening language contradicting the narrative as put forth by the NBC news anchor allowed for an intended image to prevail; it was only when language from other sources began to intersect, and to refute or otherwise unravel, the factual underpinnings as propounded by the individual, that retractions, admissions and apologies had to be declared and conveyed.  But for those other intervening statements, the language game as played by the news anchor would have continued to dominate, and history would have been remained unquestioned.

Language games, as described and discussed by Wittgenstein, are funny animals; there are, of course, the “facts” and the reality as first encountered in the objective world surrounding us; but once that encounter has occurred, what is left is the correspondence and communication through the medium of our language.  It is through language that past historical occurrences are communicated; and so long as the language used by all others do not contradict or otherwise make misfits of the language game one is playing, all goes well.

It is like the pieces of a jigsaw puzzle; the longer one stays at it, the greater the picture becomes entrenched; but once a piece of the greater puzzle manifests a misfit, or it becomes clear that there are either pieces missing or ones that don’t belong, then the entirety of the whole begins to crumble. We tend to place all of such occurrences under the general aegis of “consistency“.

Submission of a Federal Disability Retirement application by a Federal employee or a U.S. Postal worker has a parallel effect.  You begin with a factual basis:  the medical condition.  Beyond the factual basis, one must then begin to formulate a “Statement of Disability” as propounded on SF 3112A, where the description and delineation must include the logical connection to one’s positional requirements and why you cannot perform one or more of the essential elements of the Federal or Postal position.

Here, consistency is crucial; how one characterizes the nexus between the medical condition and the essential elements of one’s job; the manner of one’s description; the consistency of application and bridge between the two elements of the case, the medical condition and the positional requirements of the job.

It is, ultimately, a language game precisely because a Federal Disability Retirement application is a presentation submitted to the U.S. Office of Personnel Management, and whether the applicant for Federal Disability Retirement benefits is under FERS, CSRS or CSRS Offset, the pieces of the puzzle which make for an effective Federal Disability Retirement application all must fit to make up the wholeness of that which matters most in any language game:  consistency.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Twilight’s Landing

Sleep is often the category of escape; restorative sleep, a palliative prescription for a medical condition.  Upon closing one’s eyelids, the images which pervade from the day’s stimuli slowly recede as the dark chasm of one’s own consciousness begins to fade, and sleep begins to overtake, leading us into that shadow of twilight’s landing.

It is when chronic pain, discomfort, and the gnawing neurons which fail to relax but continue to send signals of dismay and distress, that the world of wakefulness and the dawn of sleep fail to switch off; or the continuing anxiety, depression or panic attacks control and jolt one into the awareness of darkness.  Medical conditions have an impact not only upon the daytime soul, but in the sleeplessness of non-sleep as well.

For Federal and Postal workers who are formulating a Federal Disability Retirement application and preparing one’s Statement of Disability on SF 3112A, one aspect of the descriptive narrative which is often overlooked, both by the doctor as well as the Federal or Postal applicant, is the role that profound fatigue plays upon performing the essential elements of one’s job.  While often implicitly stated or otherwise inferentially contained, explicit extrapolation is important in order to convey all of the elements of one’s medical condition and their impact upon the Federal or Postal employee’s inability to perform one or more of the essential elements of one’s positional duties.

Perhaps one was reprimanded or suspended for “sleeping on the job”.  Was it mere laziness, or was the underlying medical condition the intermediate cause of an act or event otherwise seen as an insubordinate statement of defiance?  Reasons and rationales provided make all the difference in this very human universe of language games and counter-games.  For, in order to effectively submit a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal Worker is under FERS, CSRS or CSRS Offset, the important thing is to make sure and sufficiently describe and delineate the primary and secondary causes of one’s underlying medical conditions. This includes the inability to have restorative sleep, the profound and intractable fatigue one experiences, impacting upon one’s daily cognitive functions, etc.

Otherwise, the medical conditions are not adequately conveyed, and when one goes back to sleep in attempting to reach that twilight’s landing, the difficulties of the world will be magnified by another potential problem — a denial from the U.S. Office of Personnel Management, of one’s Federal Disability Retirement application.

Sincerely, Robert R. McGill, Esquire

Federal Medical Retirement: The Discontinuity of Wisdom

There is a reason why mistakes have a historical backdrop of repetition; as wisdom gained is neither venerated nor preserved, and as youth and folly are celebrated despite lack of accomplishment, so the latter fails to consult the former.

The discontinuity of wisdom in modernity reflects an arrogance of carelessness.  Opinions from elders are neither sought after nor consulted; “new” represents innovation, and that which constituted the radical changes of yesteryear reflect merely the boredom of todays vigor.  But reinventing the wheel at every turn is a kind of folly which borders upon insanity.  It is the reality of encountering a bureaucracy which often makes aware one’s need to consult prior experiences.

And, indeed, for Federal and Postal employees who must engage a Federal bureaucracy such as the U.S. Office of Personnel Management, it is a wise thing to do, to consult with an attorney who has already encountered the administrative process of filing for Federal Disability Retirement benefits, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset.

There is rarely a need to make nascent mistakes where experience has otherwise provided an answer.  Preparing, formulating and filing for Federal OPM Disability Retirement benefits by a Federal or Postal worker is a difficult process in and of itself, and the bureaucratic process exponentially magnifies the conundrums and roadblocks presented by the complexities of the administrative procedures.

While society itself will eschew the wisdom of ages, within the microcosm if everyday life, it is often a good idea to consult with an experienced advisor, if only to find out where the darned bathroom is.

Sincerely,

Robert R. McGill, Esquire