Search Results for: essential elements

OPM Disability Retirement under FERS: The Coherent Story

November 1, 2019

What makes it so, and when it isn’t, can anything make up for its lack in order to bring it around?

The historical myth of the early days of moviemaking is that the audience needed to be shown certain fundamental scenes in order to prevent any confusion and loss of interest — i.e., to start a scene with a character entering or exiting a doorway in order to “set the scene” of coherence, etc. Otherwise, people were caught wondering how a character arrived at a certain place to begin with, and became distracted from engaging in the fantasyland of a fictional world in watching a movie.

Whether or not this is true — and there are some who doubt this, given that novels and short stories have always allowed for scenes, conversations and topics to jump from place to place without “reinventing the proverbial wheel” — nevertheless, every story hinges upon parts which make up a coherent whole.

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 coherent story must be formulated, narrated and conveyed in a manner which is both true, valid and persuasive. Moreover, it must “fit into” the rules, regulations and statutory authorities which govern Federal Disability Retirement eligibility criteria.

How to tell “one’s story” on SF 3112A, the Applicant’s Statement of Disability, is critical in formulating a successful strategy in the proper preparation and submission of a Federal Disability Retirement application. Consult with an Attorney who specializes in Federal Disability Retirement Law in order to begin to tell your “coherent story” — the one that will captivate the “audience” at the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

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FERS Medical Retirement: Trouble in Paradise

October 31, 2019

The initial question in modernity is, of course, whether such a place exists. Paradise was always a fantasy which everyone dreamed about; the reality of a dystopian universe is what most of us experience on a daily basis. Paradise Lost — of a time forgotten, of an Eden which once existed but was forsaken because of greed, corruption and human frailty; these, we all learned about as children and have built callouses against because of our experiences with the real world.

Paradise may exist in some form of a transcendent universe, but as a pastor once wisely observed, “Where there are people, there are problems”. Of course, once trouble arises in paradise, it negates the definitional basis of what constitutes “paradise” in the first place and determines the reality of what we experience daily: Of a universe filled with contentiousness and conflict; of motives questioned, behaviors in frictional constancy and of organisms persistently at war.

Federal Agencies and the Postal Service are no different, in this respect, for they represent an aggregation of a macrocosmic representation of individual lives.

When a Federal or Postal employee begins to suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, two things begin to occur: First, there is “trouble” in the paradise of one’s personhood — whether of the body or of the mind — because of the overwhelming nature of the medical condition itself. And second: the “trouble” begins to extend to the organism called the “Federal Agency” or the “Postal Service” — in the form of harassment and conflict.

If these two elements have begun to shake the foundations of your paradise, then it is time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin the process of regaining that paradise which you once had, but now have lost.

Sincerely,

Robert R. McGill, Esquire

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OPM Disability Retirement: Preparing a Seamless Application

October 29, 2019

Is it possible? When two fabrics are sewn together, it is almost always the case that a seam will appear; but it is the expert seamstress who has the knowledge of the proper stitch, the “tricks of the trade” and the technical knowledge in order to make it appear as if the boundary doesn’t exist, so that the two foreign bodies mesh and meld into one. There may be multiple seams in creating a piece of clothing; where the sleeves meet; the attachment of the pockets; or, for style’s sake, sometimes the seams are meant to show.

This is true of almost any process which involves the combining of materials, people, organizations and differing entities — the “seams” must be sewn in order to become a combined but single body; the question is whether there will remain a weakness in the seam, to what extent the seam will show, and how strong the seam will be.

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, the key to preparing a seamless application will depend upon the proper analysis, evaluation and coordination of the various elements involved in the process itself. The medical evidence to gather; the relevant information to include; the legal arguments to be made; the nexus between the medical condition and the essential elements of the position — these all must be brought together by the expert hands of the “tailor” who knows the “stitches” to apply.

Consult with an Attorney who specializes in Federal Disability Retirement Law in preparing as seamless an application as possible. For, it is the expert tailor who has the knowledge and expertise to make both the process and the substance as a seamless entity, and that is the key to a successful outcome.

Sincerely,

Robert R. McGill
OPM Disability Attorney

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Federal & Postal Disability Retirement: Spam

October 26, 2019

If you remember eating it as a kid, it “dates” you — for, who in this day and age eats something that is singularly unhealthy, contains high levels of fats, calories and sodium, as well as unnamed preservatives? On the other hand, the younger generation doesn’t blink an eye, and instead sees the word as a forgotten acronym for “junk email”, or otherwise known as “unsolicited commercial email”.

Are the two related? Can there be a coincidence between a word which has two meanings or more, but contains some similarities and parallels?

Spam as a commercial yummy — oh, but of those memories when the can is first opened, of using that metal “key” where you insert the “thingie” and roll back the metal strip; and upon opening the can, the thick fat that surrounds in globs of hibernating hews of highlights hidden amidst the green shadows of delectable delights. Spam as unsolicited commercial email — oh, but how that folder fills up so quickly, and yet do we nevertheless obsessively check each one “just in case” it was mistakenly misidentified and sent to the wrong folder?

For Federal employees and U.S. Postal workers who cross over generational lines — of whether you remember the word as the delectable blob of pork making its popularity entrance sometime after WWII, or of the “new” generation who makes the connection to unsolicited commercial emails — if a medical condition begins to prevent you from performing one or more of the essential elements of your job, you may want to consider filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.

Spam is a reality of life; medical conditions, too, occur and become an unavoidable reality; and whether of either reality that uninvitedly intrudes upon your life, it the next step beyond that a person takes which is the important moment of actionable directions.

Sincerely,

Robert R. McGill, Esquire

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OPM Disability Retirement under FERS: Treading Life

October 25, 2019

We don’t often think of it in those terms; but, in fact, that is how most of us live. Like the meek swimmer who does not want to drown, we merely tread water — sometimes calmly, often with a sense of desperation; and too often, with a fear that results in a frenzied struggle. We invent euphemisms for that: Keeping out “heads above water”; Not drowning; “Sink or swim”; “Like being on the Titanic”; and other similar statements emanating from water-based fears.

We tread life like we tread water; just to survive, never taking the chance to swim in this direction or that; and when finally fatigue sets in to remind us that going nowhere is tantamount to waiting to be drowned, we are so weary from so much time and effort to keep afloat that we can no longer muster the energy to even swim to the edge of the pool in order to hang on or lift ourselves out. And when those unexpected tugs, tides and tidal waves suddenly appear, we thrash about and forget the basics of how to even float, allowing the vicissitudes of life’s mishaps to determine the course of our lives, the quality of how we live and the manner of who we are.

Medical conditions have a way of doing that — of making us forget how to even swim. 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 of more of the essential elements of one’s Federal or Postal job, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Treading Life is what we are often forced to do; drowning in life’s problems is what we are too often faced with; swimming with a purposeful destination is what we need to do —and that is the purpose of filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

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FERS Disability Retirement for Federal & Postal Employees: The Port

October 24, 2019

It is the Roman Stoic, Seneca the Younger, who wrote that, “If a man knows not to which port he sails, no wind is favorable”. It is, in the end, the essence of Stoicism — of living life without complaint and without being impacted by the hardships of the objective world, all the while clinging to a path of virtue unfettered by worldly concerns. That is why the quote above — of the internal “self” in contrast to the metaphor of the objective world: the winds which guide the ships — encapsulates the essence of the philosophy of Stoicism.

In modernity, it matters little from whence the winds come, for we engineer our own direction through engines and mechanical devices which propel the marine vessel by the power of our own creation. But of that time when ships relied exclusively upon the breath of gods that blew the winds which filled the sails — it was a time when we relied heavily upon the favor of fate and nature’s appeasement. Yet, even today, whether by the propulsion of machines invented or reliance upon prayers of guidance, no wind is favorable until and unless a person knows where he or she wants to go.

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 his or her position, it is important to make a determination as to “where” one plans on going before determining the “how” of the approach. If a medical condition has clearly begun to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, then where one must “go” becomes clearer: You cannot continue to stay at the job precisely because the medical condition prevents you from doing so; and so FERS Disability Retirement becomes the option by default.

The next question, then, is the “how”, as in — How does one get from point A to destination B? Consult with an attorney to discuss the further particulars of your case; for, in the end, whether you believe in the philosophical tenets of Stoicism or not, once you realize the port to which you wish to sail, you need the favorable winds of counsel from an attorney who specializes in Federal Disability Retirement Law in order to help guide the sails of your journey.

Sincerely,

Robert R. McGill, Esquire

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FERS Disability Retirement for Federal & Postal Employees: Seeking

October 22, 2019

Isn’t that the condition for life? That we continually engage in the very human act of seeking, whether for personal growth or professional aptitude; but it is always that constant need to know, to expand, to cross borders and extend beyond the invisible ceiling or barrier that is placed from our birthright to explore and to seek.

Seeking is a hallmark of human behavior; it is the constant seeking that keeps us reinvigorated, alive, instilled with hope and painted with the colors of future dreams. Without seeking, we become staid, unadventurous, static and timid; the world becomes threatening because we have stopped and stunted our own growth potential. Seeking is always coupled with hope; hope, often seen with future aspirations; and when the seeking stops, it is normally a symptom of a disease which destroys hopes and aspirations.

Medical conditions often undermine the human desire to seek; for, the disease that destroys and disrupts is the same which diminishes one’s hopes and aspirations.

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, filing for Federal Disability Retirement benefits becomes an important next step in order to regain that human desire for seeking — for one’s future and one’s hopes and aspirations.

Contact an attorney who specializes in Federal Disability Retirement Law in order to move beyond the morass of struggling daily to maintain a Federal position when it has become clear that one’s future is no longer compatible with the Federal or Postal job one holds.

Sincerely,

Robert R. McGill, Esquire

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OPM Disability Retirement under FERS: Confronting Reality

October 21, 2019

When are the times we try and avoid it? Is that the line between sanity and the “darker world”? If we avoid it more than we embrace it, does it constitute a step beyond eccentricity and fall into the category of bizarre behavior? If that were the case, how many of us would meet that definition? Does engaging in entertainment — whether of the couch potato type or of the active one — constitute avoidance?

Say a person binge-watches a certain television series for 72-hours straight, then sleeps for another 72 hours; such a person has certainly “avoided” the reality of life’s responsibilities, duties, obligations, etc. But would we deem such a person to be insane? If he were a bachelor who has no commitments or responsibilities, and acted in such a manner during “vacation time” or during a period of unemployment, we would perhaps not give it a second thought. But say the same person had a toddler whom he neglected for those 100-plus hours — then, of course, we would consider it as irresponsible behavior, if not criminal neglect.

“Confronting reality” is often deemed the antonym of “avoiding reality”; it is something we all do — both confronting and avoiding — and crosses the diving line between “responsible” and “irresponsible” behavior. Of course, the latter is sometimes necessary in order to refresh one’s self in order to engage in the former, and so we embrace entertainment and leisure activities in order to adequately prepare ourselves to cross over from one to the other.

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 his or her position, confronting reality is often delayed in order to try and extend one’s career with the Federal government. Often, early on in suffering from a disabling medical condition, it becomes quite clear whether or not the Federal or Postal worker can continue in his or her chosen career. This is the point where “confronting reality”, however, clashes with the desire to avoid it and to instead embrace the make-believe universe of “What ifs” — What if things improve? What if the Agency or Postal Service is willing to be patient? What if they can accommodate me?

Consult with an attorney experienced in Federal Disability Retirement Law; for as difficult as it may be in confronting reality, it is the reality of the law that will help you avoid the pitfalls which you will surely want to avoid in the days to come.

Sincerely,

Robert R. McGill
OPM Disability Attorney

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FERS Disability Retirement: The “I” of Tomorrow

October 18, 2019

The “I” of yesterday is not the same “I” of today, and the “I” of today is vastly different from the “I” which will walk about tomorrow. Of course, “vastly different” is a relative concept; others may not perceive the differences, and thus might say to a friend after an encounter, “Oh, that Harry — he’s always the same, isn’t he?” And yet, the cellular structures have altered; a full day’s experiences have been encountered; and in a person’s personal life, how and what do we know of the traumas incurred?

We judge based upon appearances; and it is appearances which Plato, Aristotle and the entire line of Western Philosophical approach has fought against, in order to get to the “essence” of things and “first principles” of all matters. Unless we see person in a cast or bandaged throughout, we presume that “good old Harry” is the same today as he was yesterday, the day before, and the day before that. Yet, the “I” — that insular self who engages in soliloquies unheard and asides undetected — is the only one who, beyond appearances to others, may have undergone transformational changes. Perhaps of a death in the family; of a love forsaken; of financial ruin or challenges; of a personal loss so traumatic that one wonders — upon learning about the tragedy — how “Harry could possible endure it”.

Medical conditions, as well, have a way of imposing alterations. Perhaps you hide it; you avoid it; you try and simply endure through it — until it comes to a point where you can no longer conceal the impact and effect of the medical condition itself.

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 all of the essential elements of one’s Federal or Postal job, it may be time to consider filing for FERS Disability Retirement benefits.

Consult with an attorney who specializes in FERS Disability Retirement Law and begin to learn about the complexity of the process in order to try and regain some of that “I” who used to be you before the medical condition began to overwhelm you, so that the “I” of tomorrow is a recognizable semblance of the “I” of today and yesterday.

Sincerely,

Robert R. McGill, Esquire

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Federal & Postal OPM Disability Retirement: The Troubled Life

October 17, 2019

In one sense, all lives are troubled; otherwise, we would not be speaking about life at all, for “life” itself is a series of troubles encountered. Every now and again, we hear about a life which was “privileged” or “blessed” — of a carefree, essentially trouble-free existence.

But how long can that last? And was it truly an advantage to have such a childhood? For, part of “growing up” and preparing for the “real world” is to introduce internal tools to “deal” with problems encountered. If a child is not properly prepared to handle and engage in the task of problem-solving, then he or she will indeed be at a disadvantage when first entering the world at large.

There are troubled lives, and then there are the rest of us — of lives with troubles. The troubled life is one in which transition from childhood to adulthood never occurred because proper preparation was never allowed for. The troubled life that the rest of us lead — of a life full of troubles, often like an endless series of problems to be solved — is simply the norm of regular living. This life is a troubled one precisely because life itself presents an endless series of challenges to be solved; and it is the “how” of that encounter that makes all of the difference. It is never a static continuum, however, and there are times in life when there are more troubles than in other times.

For Federal employees and U.S. Postal workers who must confront the troubles of a medical condition and all that it entails in trying to perform all of the essential elements of one’s Federal or Postal job, the time to file for Federal Disability Retirement benefits may have arrived. Proper preparation; an effective application; the “tools” needed to maneuver through the complex administrative process; these are all “troubles” which need to be confronted and “problems” to be solved.

The “troubled” life for a Federal or Postal employee contending with a medical condition remains so unless the tools of resolution are applied, and in order to utilize the proper tools to resolve the troubled life, it is best to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill
Federal Disability Lawyer

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