Tag Archives: yes it’s legal for injured postal workers on disability retirement to own business

Disability Retirement for Federal Employees: Altering Events

There are critical junctures in everyday lives that alter the course of our plans, daydreams, expectations and choices.  Most are mundane and go on unnoticed; others, more significant and captivating; and those few, of memorable relevance which necessitate a wholesale upheaval and changing of the metaphorical furniture in one’s life.

Altering events are those new circumstances which change one’s perspective, outlook, attitude and priorities.  Medical conditions are normally included in that definition of altering events.

For Federal and Postal employees who suffer from a medical condition such that the medical condition has come to a critical juncture of an altering event, contact a disability attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS, with the U.S. Office of Personnel Management.

For, in the end, all altering events become altering by the decision made by the altered individual, and not by the event alone.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement: The Struggle of Normalcy’s Facade

We all know of deceptive appearances.  Plato, “way back when” — described the illusion of the three towers — where, when one stands in a given place, it merely looks like one tower; from another, two with a shadow of a third, etc.

Normalcy is like that, as well.  We live in tumultuous times — of economic hardship; a pandemic which continues to spread and wreak havoc upon lives, health and well-being of individuals and families throughout; of political turmoil and upheaval; of daily challenges and obstacles.

Yet, in the face of it all, we continue to try and maintain a facade and appearance of normalcy.  It is often a struggle.  We know that behind the single appearance of a tower, there are still three towers.

When a Federal or Postal employee becomes disabled, he or she must still maintain that appearance of normalcy’s facade.  There comes a time, however, when the struggle of normalcy’s facade must give in to the reality that one cannot any longer continue in the same fashion, the same mode, the same daily toil or struggle.

When that point arrives, contact an attorney who specializes in Federal Disability Retirement Law and begin the process of stopping the struggle of normalcy’s facade, and instead face the reality of a different but hopeful future.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Music in One’s Step

You can almost hear it in certain people, when they walk by or pass afar; while in others, it is a distant echo that barely resounds.  Is it a jazz tune, or a popular song that recently hit the charts?

The music in one’s step is in the charm of ambulation; the skip that forsakes a groan and a stutter that takes the imaginary partner in a twirl of an exuberant burst.  The outer world cannot hear, as if the silence is drowned out by the drone of futility; but one can nevertheless hear the music in one’s step, if only by a pantomime of imagined orchestras.

When did we lose it?  How did we forget to turn it back on?  Was it the medical condition that extinguished the last twang of the guitar such that we forgot the joy of living?

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 loan of music in one’s step is is often the clear indication that nudges the Federal or Postal employee into realizing the necessity of filing for Federal OPM Disability Retirement benefits under FERS.

Consult with a Federal Disability Attorney who specializes in Federal Disability Retirement Law and consider regaining the music in one’s step, now gone but there to be re-tuned.

Sincerely,

Robert R. McGill
Federal Disability Lawyer

 

Federal & Postal Disability Retirement: The Unexpected

It can be exciting, yet disconcerting; a pleasant surprise, but moreover an unwelcome event; and perhaps even a pleasurable moment but with an uncomfortable edge.

We live by routines but thrive through tumults.  The “unexpected” is what jolts us out of the doldrums of daily repetitiveness, and is sometimes that which is needed in order to bring us out of the complacency of comfort and monotony.  Some thrive on it so much that they seek the adrenaline that accompanies, and attempt to make it as the mainstay of life — like the high of addicts which is constantly needed in greater doses in order to return to the baseline of euphoric feeling itself.

Some forms of the unexpected are unwanted; others, tolerable and endurable; and still others, perhaps gleefully embraced with open arms.  Much of the unexpected, or course, was fully expected; it is just that procrastination and disregard allowed it to remain out of our consciousness for a time such that, when the unexpected finally arrived, we forgot that it was to be expected but wanted it not to be so.

Isn’t old age expected?  Aren’t the chances of an automobile accident to be expected if you commute 100+ miles every day?  And aren’t medical conditions to be expected over a lifetime of stressful living?

For Federal employees and U.S. Postal workers who encounter the unexpected — a medical condition — which begins to impact you in an unexpected way — of preventing you from performing one or more of the essential elements of your Federal or Postal job — it may be time to consider the unexpected: Of preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Consult with an attorney who specializes in Federal Disability Retirement Law, lest the unexpected bureaucratic complexities involved in filing a Federal Disability Retirement application with OPM should further complicate the unexpected, and so that the unexpected can be exposed to reveal the greater expectations of a future yet unexpected.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Losses

How many losses must one accumulate before being deemed a “loser”?

Was it just yesterday that Cal Ripken, Jr. won with the Baltimore Orioles in 1983, after a mere couple of years in the minors, but with that World Series ring on his finger, would then see decades of losses mount as a result of poor decisions in trading players, acquiring “has beens” and being in the unfortunate AL East where the Yankees and the Red Sox seem always to vie for the top tier of the elect?

Can a team win a World Series one year, then go on for thirty-plus years without ever winning one again, and yet be deemed “a winner”?  Or, can one always pause, give a grin, and say, “Yeah, but we were winners in 1983!”

Does one win wipe out an avalanche of losses such that the singularity of glory negates the overwhelming statistical significance of unending disappointments?  Or, what of the person who once had a promising career, but through a series of unfortunate circumstances considered by most to be no fault of his or her own, cannot quite achieve that level of promises dreamed of but never materialized?

Do we, in our own minds, create conditions which are impossible to attain, and then deem those unreachable goals as “losses” despite the artificial nature of the criteria imposed?  Do losses mount and exponentially aggregate because failure seeks after failure, and somehow the subsequent one is a natural consequence, inevitably by inherent nature, of the previous one?

Does bad luck come in bunches because of some Law of Nature, or is it just in our imagination that it seems so?  Are much of losses artificially created — i.e., we set the proverbial “goal post” in our own minds, then miss the metaphorical field goal and become despondent over the “loss” created within our own imagination within contextual circumstances fantasized that have no connection to objective reality?

For Federal and 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, that sense of “loss” can be an admixture of both objective reality and subjective, artificial creations.

The medical condition itself is an “objective” loss; but the Agency or the Postal Service’s efforts to compound the adversarial circumstances can be created in an ad hoc manner, where there are no rules or criteria to follow except upon the whim of the supervisor or the department’s reactionary intuition.  The interruption to one’s career; the constant struggle with a chronic medical condition; of being forced to deal with deteriorating health — these are all real “losses”.

On the other hand, adversarial initiations by one’s Federal Agency or the Postal Service — these, too, are “real” losses, though artificially created and unnecessary, in many instances.

Both must be dealt with when preparing, formulating and filing a 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 — but the fact that one must “deal with” so many “losses” does not, in the end, make one a loser.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Perfection

Can it ever be achieved?  Is our possession of it proof, as Anselm’s Ontological Argument asserts, of the existence of that which we ourselves cannot ever attain?

Perfection as a “goal” is considered “unrealistic”; as a paradigm against which we compare in order to impose a standard or paradigm of success, we often accept as a given; and, with the exception of stereotypical “Tiger Moms” and other unreasonably demanding categories of nightmarish figures unable to ever please or gratify, perfection is merely an unattainable hollow easily moveable within a spectrum of endless sights much like the proverbial movement of goal posts so-named when nearing the end.

Yet, we constantly strive for it, despite the knowledge that it is unachievable and unrealistic, declaring that the nearer we reach towards the boundaries of perfection, the closer we become as gods of lesser heavens.

The Ancients regarded certain physical characteristics as those “perfect” dimensions based upon proportionality of appearance; in modernity, we have dispensed with any such paradigms and instead have elevated acceptance and tolerance as the greater good, thereby negating hurt feelings, unattainable heights and unreachable expectations.

Perfection, as applied to a specific category such as “health”, can yet nevertheless remain relative in terms of acceptability.  Perfect health can never be maintained forever; relatively good health can be sustained for a time; and poor health, once experienced, is like a bad dream that one wishes to be awakened from, lest it turn into a nightmare that never ends.

For Federal employees and U.S. Postal workers who suffer from a deteriorating, progressively chronic condition of a medical nature — one that is likely to last for a minimum of 12 months in preventing or otherwise impacting one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job — it may be time to consider preparing, formulating and filing 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.

Filing for OPM Disability Retirement is not an admission that perfection is an unattainable goal (although we know it is); rather, that merely a particular job or career is not the “right fit” — and in the end, that is the greater perfection of all: To recognize one’s limitations, properly evaluate and assess one’s circumstances, and adjust and modify in accordance thereof.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The legacy

It is something that we leave behind.  Yet, unlike a wallet, a watch, a piece of jewelry or a troublesome child better left forgotten, we don’t have an opportunity to go back and get it.  We say of that laundry list, “Oh, I need to go back and get it” (except maybe of the last in the list, whom we hope will be adopted into a kindly family and simultaneously also leave the parents behind); but not of the legacy.

No one ever says of that, “Oh, I left my legacy behind, and I need to go back and get it.”  Instead, it is intimately bound up with mortality, our sense of the future minus our own presence, and a dominant desire and urge to “leave a legacy” behind, as if to do otherwise will diminish the memory of one who has now departed, will soon be forgotten and will populate the mass of unknown graves without tombstones littering the earth beneath ivy and weeds that overwhelm.

It is often money itself, which is soon spent and forgotten; or a special “something” that one remembers another by, which is placed in a drawer and also quickly, easily and without conscience soon forgotten; or, perhaps a more lasting imprint of some residual effect – a poem, an antique car (otherwise referred to as a “junk heap”), or the family farm.

Whatever the legacy left leaving lasting latitudes of lost loneliness lacking love’s longing for lengthy locutions (sorry for the alliteration, but it cannot be helped), it is something that is left behind, cannot ever be retrieved, and may or may not have a lasting impact upon the person or groups of people for whom it is intended.

Then, one can stretch the meaning to include a more modern interpretation of the concept of a legacy – of one’s own.  That is a paradigm of a “legacy” in the more common usage – of a memory of one’s life, of what kind of a legacy will one leave that will be remembers by others – that you worked yourself to death and didn’t spend the time with your kids (refer to the above, first sentence herein, where that may be a blessing), your wife or friends?  What is the point of an empty legacy of that sort?

For the Federal employee and U.S. Postal worker who begins to think of one’s life, health, future and legacy, especially because a medical condition has begun to impact one’s ability and capacity to continue in the Federal or Postal career of one’s choice, the consideration of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often and intimately tied and bound to the fragile nature of a medical condition and its impact upon one’s life.

Struggling daily with a medical condition while trying to contend with a contentious Federal Agency or Postal Facility is not only “not fun” – it is, moreover, a futile exercise that diminishes the legacy of one’s life as a greater whole.

The “legacy” one leaves behind, indeed, is not like a wallet, a watch, or a piece of jewelry; but it is like a child left behind, where regrets for the future may yet be corrected, and for the Federal or Postal employee who needs to focus upon one’s health and future orientation that can no longer include the current job one occupies, preparation of an effective Federal Disability Retirement application, to be submitted to OPM, may be the next best thing to a legacy yet to be considered.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Requisite Sense of Control

Most of us require a semblance of self-determination, if only to conceal the inadequacies and keep at bay the disasters which portend, or pretend, whichever the case may be.  By controlling circumstances, we believe that we can maintain prevention of crisis, pre-determine the outcome of expectations, and squirrel away the hesitations and insecurities controlling us in our lives of desperate needs.  But life has a way of defying the macro-minutiae of the limited universe within our reach and immediate control.

Mastery of life is difficult to attain; just when we thought we had grasped the foundational principles of life and living, old age sets in, and the youthful vigor dissipates, like the ethereal dust of residue left behind by the flight of angels.

For Federal employees and U.S. Postal workers, it is that sudden onset of a medical condition which nags and refuses to go away, which becomes the harbinger of things to come.  Agencies and the Postal Service tend to be “meddlers”, and once a particular Federal or Postal employee becomes the trigger-sighted individual, the stray bullet that travels is normally not too far behind.  Loss of control, or the abandonment of a requisite sense of control, is derived when agencies target, and when adverse actions are issued, a PIP is imposed, and leave restrictions commanded.

Filing for Federal Disability Retirement is an option which is a viable avenue to pursue, precisely because it attains and reasserts that requisite sense of control, by securing a needed annuity for some semblance of financial security and stability.  OPM Disability Retirement is also a means of re-focusing one’s life upon the priorities which matter — such as one’s health and well-being, so that the harassment and hostility at work will cease.

But the long road in preparing, formulating, filing and waiting upon a Federal Disability Retirement application, filed ultimately through, and decided by, the U.S. Office of Personnel Management, is another bureaucratic morass which — for a time, at least — will feel like entering another and surreal universe where one’s destiny is in the hands of another: OPM.  But in life, as in the parallel universe of the absurd, one must first lose control in order to gain the requisite sense of control.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

Federal Disability Retirement: The Other Side of Work

The entanglement of work with value and worth is an inescapable aggregate of custom, upbringing, time spent, and the egoism of leaving some indelible mark upon an otherwise implacable universe.  Where work resulted in income, and income the cumulative wealth of a lifetime, the driving force behind it never mandated the fury of necessity.  Of course work has always been tied to livelihood; that is a given.  But when the doors for credit, mortgages exponentially exceeding an imbalance beyond capacity to repay, and the idea became accepted that luxury need not be left for tomorrow, the slavery of bonding work to worth became an unworthy concept.

Then, when a medical condition begins to impact one’s ability to perform all of the essential elements of one’s job, the fear and trembling for future needs begins to encroach.  For Federal employees and U.S. Postal workers who find that a medical condition is having an effect upon one’s performance of work, the reality of potential alternatives must be faced, and quite quickly, lest the other side of work, like this side of paradise, leaves one with neither work nor income, but a bleak future without either.

Filing for OPM Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, will take time to develop, submit, and wait upon in order to receive a decision from the U.S. Office of Personnel Management.  It is a complex bureaucratic process with multiple administrative facets.  The reality of needing to file, however, should never be confused with the bundled confusion one has concerning worth, work, and the value of one’s contribution to society.  It is the medical condition itself, and attending to the symptoms and effects of that which one never expected, asked for, nor desired, that must be focused upon .

Some things in life are, indeed, worth of greater value than work, and the value placed upon the other side of work will determine the course of one’s future, whether of joy and love, or of further puzzlement beyond the imprint of time spent without one’s family.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Pretending

It is the creative imagination which ultimately separates man from his counterpart; and, in the end, those costumes we display, and wear as vestiges of who we were, what we have become, and how we want others to appreciate us — in the aggregate, they reveal either our pretending selves, or at the very least, our pretentiousness.

For Federal employees and U.S. Postal workers who have a medical condition, such that the medical condition necessitates filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, the extension from childhood through adulthood is best personified in the ability and capacity to “pretend” — assume the role of the loyal civil servant; march on in quiet suffering; brave through in silent grief the turmoil of a progressively worsening medical condition.  But when “pretend” encounters the reality of pain and self-immolation of destruction and deterioration, there comes a point in time where childhood fantasies and dreams of want and desire must be replaced with the reality of what “is”.

That annoying verb, “to be”, keeps cropping up as an obstacle of reality, forever obstructing and denyingReality sometimes must hit us over the head with harsh tools of sudden awakenings; for the Federal or Postal worker who must consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the wake-up call is often the alarm-clock that rings after a long weekend, when rest and respite should have restored one to healthy readiness on the workday following, but where somehow the face of pretending must still remain.

Sincerely,

Robert R. McGill, Esquire