Postal & Federal Worker Disability Retirement: Moving to the Next

Next what? This is a nation which is known for constantly moving to the next — whatever.  Other countries build upon a series of yesterdays, slowly, methodically, accumulating knowledge from past wisdom, building a culture, cultivating traditions, finding sacred solace in silent offerings to the past.

Our nation is one of abandonment, replacement — of moving to the next news cycle, the newest fad, the most recent money-making scheme and the next popular star, designer, show, Broadway hit, sports celebrity or what have you.  It is always going to the next, moving forward, never looking back at the human detritus left by the roadside of a speedway without limits.

Never mind that half of the population is depressed, medicated, left to fend for themselves and unable to cope with the fast-paced rate of a society without empathy.  Always, moving to the next.

For Federal employees and U.S. Postal workers who suffer from a medical condition, “moving to the next” is not an option insofar as the “next” constitutes the next mission-oriented duties of a Federal Agency or the U.S. Postal Service.  Instead, if the “next” is the need to file for FERS Disability Retirement benefits through the U.S. Office of Personnel Management, contact a Federal Disability Retirement Lawyer and move to the next phase of your life as a Federal Disability Retiree.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: Failures

When ascribed to a task or a project, it all depends upon how it is characterized.  When identified or closely associated with an individual, we tend to be harsher judges — especially when it involves our own participation.  Perhaps there is a simple, even “objective” definition which encapsulates the concept of failure: Of merely not achieving that which was expected.

If we work with that definition, then the focal point would be upon our own expectations, and perhaps we simply needed to adjust them to a more realistic perspective.  Then again, such an approach would merely be a circular tautology, and there would never be any failures — i.e., every time a failure occurred, we could just say, “Oh, we expected that”, and every time our expectations were not met, we would say, “Oh, we changed our expectations, so it is no longer a failure”.  But clearly, that does not reflect reality, and there are truly times when failure does occur.

In the end, what is important is to recognize that our expectations — both of ourselves and of outcomes in reality — cannot always be met, precisely because there are other intervening factors that may account for the prevention of meeting them.

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 recognize that the intervening factor of the medical condition itself is what prevents you from meeting that expectation of reaching full retirement, and that is why Federal Disability Retirement benefits are there to assert.

It is not a “failure” to file for Federal Disability Retirement benefits; rather, our expectations concerning our own health intervened in the meantime, and we have to adjust to accommodate — not a failure, but of human frailty.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Drawing Up the Battle Plans

Are they necessary?  Or, is pure talent, brawn and a willingness to sacrifice one’s life — enough?  Can a military officer simply say to his or her troops, “Well, we have overwhelming numbers; let’s just pick up our weapons and overrun the enemy”?  Or, is a “battle plan” necessary, even for a short foray to test the strength, weakness or vulnerabilities of enemy lines?

Most would contend that a battle plan is a crucial aspect for any considered conflict, and that merely relying upon strength of numbers or sheer determination of will to fight are not enough.  History is replete with examples of inferior numbers winning against great odds, precisely because a superior plan had been considered and implemented.  It is not necessarily the boldness of a plan, or even that a plan is clever or masked in subterfuge; rather, the clarity of a mission, the simplicity of protecting flanks and doubling-back in reinforcing weak links — a plan which the troops understand and comprehend as to its logic and potential outcome for success — is critical for any successful attack.

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 position, preparing well, formulating meaningfully and filing in a timely manner are all part of the “battle plan” for a successful foray into the territory of Federal Disability Retirement Law.

Consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law and begin drawing up the Battle Plans for a successful venture in obtaining your Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Fight

Not everyone relishes one.  Yet, the challenge comes about often when we do not expect it, when our proverbial defenses are down and we cannot muster the energy to properly engage it.  For children on the rough-and-tumble playgrounds, it can be over in a matter of minutes, where a few black eyes, a scrape and a bruise may be the worst of it.  For adults who actually engage in a fist fight, more serious consequences may ensue, and beyond hurt egos and wounded pride, there are laws against assaulting and battering.

But there are many other forms of “fighting”; of neighbors squabbling over overgrown trees which cross fence lines; of public debates and shaming; of aggressive trolls on the Internet.  Time was where once there were unspoken “rules” (like no hitting below the belt; no scratching or kicking, etc.), but with all-out “mixed martial arts” and other forms of unfettered fights, it seems that the art form (if there ever was one) is gone, and the only thing which matters is the outcome.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that 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 “fight” is against the U.S. Office of Personnel Management, and fortunately for those who engage in this fight, there are rules by which all combatants must abide: The Statutes, Rules, Regulations and Case-Laws that circumscribe and dictate how the fight must be implemented and managed.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and find out what the rules are governing Federal Disability Retirement Law before you are in the “thick of it”; for, you do not want to have been taken unawares by a sucker-punch before you know what to expect.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Law: The Chasm between Reality and The Law

Non-lawyers will often read “The Law” and expect that reality will conform to the language as it is stated.  That is actually a good sign, in that the expectation of the layperson is that respect for the law will necessarily result in compliance with its dictates.  But language is malleable.  It is subject to interpretation, and that is the field of play which allows for elasticity and the chasm which develops between Reality and The Law.

There are, first and foremost, “The Facts” — and whether or not “The Law” applies to a particular set of facts.  Then, from that application of facts-to-law is the further problem of deciding its significance and relevance, and whether or not there are other contravening facts or opposing case-law or statutory citations which may also impact the direct argument of sound legal analysis.  Then, of course, there can be the further difficulty of people, companies, entities and agencies which completely ignore the law and, more recently, of creating one’s own set of “alternative facts”.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has begun to prevent 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 apply “The Law” precisely, relevantly and comprehensively.

More recent cases of a precedent-setting nature may have altered the meaning of statutory interpretation in a subtle, more favorable manner, and thus is it important to consult with an an experienced attorney who specializes in Federal Disability Retirement Law in order to obtain the greater benefit in evaluating your case, lest the chasm between Reality and The Law be so great as to defeat one’s own attempt within a greater pool of lacking the proper knowledge in applying the law to your particular set of facts.

Sincerely,

Robert R. McGill, Esquire