Search Results for: essential elements

OPM Disability Retirement under FERS: The Routine of Life

September 18, 2019

We live mostly on automatic pilot; whether by insidious lack of awareness or some evolutionary mechanism that blocks out and limits the stimuli that bombards, so much of life is lived as a routine — without thought or even consciousness (do we equate the two or recognize the distinction?), but like the automaton working deliberatively in jerking movements of mechanized stridency, we may grumble but carry on with the routine of life.

And even when we are unaware that we do so, we are reminded of how predictable our actions have become: the garbage is emptied on certain days because the manner in which we live takes on a quantifiable aspect of regularity; the times we walk the dog; the leisure activities; and even our responses to questions posed. Is it ever possible, or even desirous, to live a life without routine? But then, wouldn’t an unpredictable life become a predictable one precisely because the routine of life becomes one of unpredictable predictability? Or is it the other way around — of predictable unpredictability?

Yet, those who moan and groan about the routine of life — its inherent monotony; the loss of excitement in failing to engage in the arbitrariness of the path less traveled (doesn’t that poetic description itself become predictable in the course of everyday conversations?); the comfort we find in the very commonplace “sameness” of daily living — we miss it only when we lose it. It is like two old people who have shared a lifetime together, but for some ungodly reason decide to divorce, thinking that excitement and fulfillment are achieved by destroying the routine of life; and only afterwards do we appreciate the monotony of that routine.

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, the Routine of Life is that which one wants to regain. For, it is the interruptive medical condition that destroys the comfort of such a routine.

Preparing an effective OPM Disability Retirement application is the pathway towards attaining some semblance of the Routine of Life, and of getting back some semblance of monotony which we all complain about but unknowingly desire. Consult with an attorney who specializes in Federal Disability Retirement Law and begin the process of re-ordering the chaos that has beset a life of medical issues, and begin to work towards reaffirming the Routine of Life which we all crave and desire, once lost but want to regain, and constantly yearn for the one thing that we all complain about.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal and Postal Employees: Stupid Mistakes

September 16, 2019

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Our first reaction may be that such a phrase is in fact a tautology; for, to make a “mistake” is by definition to do something “stupid”, and so it is merely a redundancy to use and place both terms together. But surely we can conceive of circumstances in which “making a mistake” turns out to be the very opposite of having done something “stupid”?

Perhaps some earth-shattering mistake in science resulted in a new discovery — of having made a mistake in combining two or more elements but resulting in a new, composite element beneficial to society? Or of having made an accounting error which accrued to one’s personal financial benefit? But even then, one may argue that the mistake itself was a stupid one; the consequences merely turned out to be beneficial, but that doesn’t necessarily impact the character of the mistake itself.

And what of follies in our youth? Does age and greater experience, retrospectively reflecting back into the series of life’s mistakes and all those actions thoughtlessly taken, lead us to conclude that we have made multiple “stupid mistakes”? What, then, constitutes a “mistake” such that it was stupid?

Often, a glimpse into what we did in the past — of having forged ahead without a plan, thoughtlessly, and without due diligence in considering all of the factors; these, and many more actions taken without an inkling of preparatory counsel, constitute what most people consider as a “stupid mistake”.

For Federal employees and U.S. Postal Service workers who suffer from a disabling 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 may be necessary to consider filing for Federal Disability Retirement benefits under FERS. In doing so, it is necessary to have a full and comprehensive understanding of the laws which govern FERS Disability Retirement and the administrative process and procedures abounding.

Consult with a FERS Disability Retirement Attorney who specializes in OPM Medical Disability Retirement Law, lest you come to regret it as one more “stupid mistake” that was made — as one of many that we all make throughout our lifetimes.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement: The Successful Equation

September 14, 2019

1 Comment

Remember those days in school when — not only did you have to know how to figure out the answer to a question — you actually had to know what the right “equation” was? Without the proper equation, you could never solve the “problem”. Yes, yes, you could do some tinkering around the edges — of “figuring out” in some unique way, but ultimately the only way to solve the issue was by rote memorization (something not required, anymore, in this day and age of computers and smartphones) of that mathematical statement on the near side of the equal sign.

If only life were like that — of simply memorizing the equation, then proceeding forward and solving every problem. But that’s the nub of it all, isn’t it?

Life brings forth encounters and circumstances, “problems” and difficulties that refuse to respond to an equation pre-planned for the vicissitudes of life’s misgivings. Are mathematicians better at adapting and responding to life’s travails? Or, do philosophy majors and those who embrace dictums to live by (e.g., that all of life is a “river” and we can never step into the same one twice, and other such Chopra-like platitudes that carry us through difficult times) better sail through the trials that everyone inevitably faces?

The fact is, equations are often best left for mere theoretical applications, and rarely conform to the changes of life’s encounters.

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 search for an “equation” in preparing an effective Federal Disability Retirement application should begin with a consultation with an FERS Disability Attorney who specializes in Federal Disability Retirement Law.

While there may not be a pre-set equation to follow, there are certainly important steps to take in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Injured Federal & Postal Employees: “What should I be doing?”

September 13, 2019

2 Comments

It is a query that applies to so many aspects of a successful life; of an endeavor or a pursuit; of preparing the steps in order to attain a level of perfection. Curiosity and the desire to improve are the ingredients of success; the lack of either or both will often leave one behind as others progress.

The runner who wants to shave off a fraction of a second; the “expert” in a given field who desires to comprehend the next level of complexity; the business owner who strives to avoid the fickle nature of a purchasing public in order to expand; they all begin with the question, “What should I be doing?”

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 question concerning preparing an effective Federal Employee OPM Disability Retirement application may have already entered into the fray.

The question following when that arrival point comes near is: “What should I be doing?” The answer: Consult with an Attorney who specializes in Federal Disability Retirement Law. For, in the end, that very question will lead to building the proper foundation for a successful outcome in preparing, formulating and filing an effective Federal Disability Retirement application, and it is those preparatory steps which will often make all the difference between success or failure.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Fear of Tomorrow

September 11, 2019

6 Comments

There is, of course, the other statement — of replacing the preposition “of” with “for” — which alters the essence of meaning at its core, and not just in some ancillary manner. The fear of tomorrow pits our relationship of a being in the present to an uncertainty of a time beyond; whereas, the fear “for” tomorrow magnifies the present in the context of recognized circumstances and current issues that must be analyzed as against a future possibility.

Perhaps the distinction in the prepositional modifier is too subtle to make a difference. Yet, the first sense of the statement — the fear of tomorrow — places one with an angst as an object-to-object antagonism, much like a person’s fear of spiders or creepy-crawlies, where there is no cure for such a response. The other form — of a fear for tomorrow — allows for rational discourse and a “talking about” not only tomorrow, but of the fear itself, their underlying reasons and the potential solutions to objectives not yet met.

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 fear of tomorrow must by necessity be replaced with a fear for tomorrow, and that is when the next step can be taken: Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management.

Do not let the fear of tomorrow stop you from asserting your employment rights and eligibility for a benefit that is offered; instead, determine the underlying basis of the fear for tomorrow and begin to take the necessary steps to assert your legal rights by consulting with an attorney who specializes in FERS Disability Retirement Law.

Sincerely,

Robert R. McGill
FERS Disability Lawyer

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FERS Medical Retirement from OPM: The Fun of It All

September 7, 2019

1 Comment

Is that the point? Do we live because there is a balancing of accounts, and so long as the right side of the ledger has enough checkmarks on the “leisure” side of life, where fun, joy, entertainment and self-satisfaction retain more fulfillment than on the left side (i.e., where work, drudgery, misery and repetitive monotony are recognized) — then, it is all “worth it”?

Do we continue on because of the “fun of it all”, or do most of us merely endure life, barely acknowledging the futility of our efforts and the inevitable melancholy of our lives, paused and interrupted only by the temporary suspension by sleep or daydreams?

We whisper our fantasies: “Oh, wouldn’t it be nice if…”. It is the “Ifs” of life that transport ourselves from the reality of our condition into transferences of fantasies where for a brief moment a virtual reality replaces the starkness of present circumstances. “If only I had a million dollars” (although, in this day and age, with inflation and the monetary devaluation of purchase power combined with the exponential increase of modern life’s consumer appetites, such a paltry amount barely makes a difference, anymore); “If only I had done X when I was younger”; “If only I had invested in such-and-such stocks”; “If only …”.

Like the overused reference to Sisyphus and the rolling boulder that never ceases, the toil that forever must be embraced and the daily grind that always remains, the fun of it all was always a misshapen goal that was never to be. Obligations in this society are no longer recognized; duties are easily abandoned; there remains only the barrenness of an isolated existence. Where was “the fun of it all”?

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, it may be time to prepare, formulate and submit an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

Consult with an Attorney who specializes in Federal Disability Retirement Law. For, even if one’s Federal or Postal career was never sought based upon the illusion that life and a career should be pursued for the “fun of it all”, if the medical condition has stripped away even the illusion one once possessed, then it is time to seek a remedy for a replacement illusion.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Reirement under FERS: Dylan Revisited

September 6, 2019

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The British have the Beatles; America has Dylan. Martin Scorsese’s ongoing documentaries covering the life of Bob Dylan (“No Direction Home” and “Rolling Thunder Revue”) reveals the obvious differences as well as depicting interesting tidbits of entertainment value, for those even remotely interested.

Dylan is the quintessential American — of the lone troubadour; the composite of a self-made star from multiple personalities, including Hank Williams, Woody Guthrie and Muddy Waters; and despite playing off and on with “The Band”, forever the loner — remote, distant and undefinable.

Bands come and go — The Beatles, The Rolling Stones, Led Zeppelin, etc., and when they disband and disburse, some individually go on to similar heights of fame; but of Dylan, he has always stood apart with his soulful voice, his trance-like story-telling, and the enchanting universe of words conveyed on the airlift of music that brings one into a lyrical fantasyland.

In the end, Robert Allen Zimmerman remade himself from the outskirts of a rural town into the spotlight of musical genius over a span of a time when cultural revolutions were shaking the very foundations of a country at war. We all yearn to be like him — if not for the fame, then for the uniqueness that becomes apparent when you listen to his voice: Not quite on beat and never able to be defined.

Whoever “Zimmerman” was, we will never know; for what we know is the folklore surrounding even the whispered utterance of “Dylan” — a name and word which provokes images, stories and memories that have cluttered the shadows of a legend like the barnacles encrusted on the underside of a drifting boat.

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 tragedy of the medical condition can be likened to the duality found in Dylan Revisited — that the person who is beset with the medical condition is not the same person who once forged ahead with a promising career with the Federal Government or the U.S. Postal Service.

Consult with an experienced attorney who specializes in Federal Disability Retirement Law; for, in the end, the Dylan of today is not the Zimmerman of his past, just as the Federal or postal employee who suffers from a medical condition is not the same person as before the medical condition, and the whole point of filing for Federal Disability Retirement is to get back to a place where we can define ourselves within the uniqueness of who we are and were.

Sincerely,

Robert R. McGill, Esquire

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Federal Employee Disability Retirement: Die Trying

September 5, 2019

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We hear about that — of people dying while in the process of trying to work. We push ourselves daily because we have no choice but to bear the unbearable, as if the work we do is more important than life itself. We give lip-service to so much pablum — that “life is sacred”; that we live in a “caring society”; that “in the end”, what matters are “relationships” and not material possessions, etc.

But do we believe it? What constitutes and validates “believing” in something as opposed to not? Is it to simply assert and declare without such words ever being tested, or can “belief” turn into “true belief” only after an action has followed a proposition?

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 Federal Job, the question that must be raised is whether it is all  “worth it”, isn’t it?

Whether continuing on towards that goal of “retirement” can be achieved; if it is worthwhile to die trying — or, is Federal Disability Retirement an option to consider? Certainly, to “die trying” can be a noble effort, but only if the goal to achieve possesses some inherently noble characteristics. At the end of that effort, what will be the reward?

OPM Disability Retirement is a benefit accorded to all Federal and Postal employees under FERS when it becomes clear that a medical condition is no longer compatible with continuation in the job, or any similar job. Seek the counsel and advice of an experienced attorney who specializes in Federal Disability Retirement Law before forging ahead, lest you decide to ignore all of the symptoms of a declining health resulting in the tragic result where whispers and shaking heads would declare in a low voice, “Well, he died trying!”

Sincerely,

Robert R. McGill, Esquire

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Federal Disability Retirement: The Certainty of Defeat

September 3, 2019

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There is nothing more demoralizing than to “know” the certainty of defeat. But that is the crux of the matter, isn’t it? How does one “know”? Certainly, one can balance the odds for and against; to take into account the factors which determine a statistical chance of success or failure; but does one ever have “certainty” in anything, or is it often merely a perspective of the glass being half full, or half empty?

Where the odds are overwhelming and objectively insurmountable: a 100-to-1 advantage that the opposing force has; a predetermined outcome that cannot be reversed; in such circumstances, then, what hope is there? For, the only counterbalance to “certainty” is the glimmer of hope for some unforeseen “X-factor” that somehow saves the day. On the other hand, it is the determination of “certainty” which extinguishes any flicker or flame of hope.

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, there is often the sense of an inevitability — a “certainty of defeat” — where the medical condition reveals a progressive march towards greater deterioration.

The counterbalance of hope is in the benefit of Federal Disability Retirement. Yet, even that benefit — of a Federal Disability Retirement annuity — is not a certainty; it is, instead, a benefit which must be fought for. The Agency which oversees the approvals and denials of a Federal Disability Retirement application — the U.S. Office of Personnel Management — does everything to try and find reasons to deny, deny, deny.

Does this mean that every application will face the certainty of defeat? No — but it must be carefully prepared and effectively pursued. To provide the greater counterbalance against the certainty of defeat, consult with an attorney who specializes in Federal Disability Retirement; for, as hope is the countermeasure to the certainty of defeat, so the lawyer is the one who can provide an objective perspective as to the potentiality for success.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement under FERS: Balancing the Unfair Advantage

September 2, 2019

1 Comment

It is the advantage itself — whether by one side or of the other — which creates an imbalance to occur, and it is thus the greater weight on either side defines and constitutes the unfairness of it all. A weighted scale; a pair of loaded dice (it was once the case that such a phrase — “pair of dice” — was unnecessary, because the singular of “dice” was die, and to identify ”dice” was to necessarily state the obvious that it was a pair; but in Modern Standard English, the word “dice” now represents both the singular as well as the plural; but we digress); a biased referee; a bribed umpire — do these all have something in common?

No, this is not an IQ Test (remember those questions where you are given a series of words and you had to either choose the one that would fit into the same category or exclude the one that was a misfit?), but it does symbolize the state of affairs in so much of life.

Where unfairness abounds, it is often the concealed aspect which tips the balance in favor of one side or another. Thus do politicians allow for silent exceptions within the detailed language of legislation; undeclared biases determine advantages otherwise unidentified; insider information gives the unfair advantage to stock traders and members on financial boards and subcommittees; and the team which steals the rubric of the other’s signals and signs gains the advantage both in predicting future behaviors and battles.

In law, who has the unfair advantage? Is it the entity who fails to explicitly define the criteria which determines success?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, just remember that filing a Federal Disability Retirement application guarantees nothing.

The legal criteria inherent in the process; the administrative procedures which must be advanced; the supporting documentation that must be submitted; the answers on standard forms which must be completed — these are all within the purview of knowledge by the U.S. Office of Personnel Management, and is not easily comprehended by the unwary applicant. Seek the counsel and guidance of a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin to balance the unfair advantage that OPM naturally and already possesses.

Sincerely,

Robert R. McGill, Esquire

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