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    • Accommodation and Light Duty (40)
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Medical Retirement from Federal Government Employment: That big oak tree

Posted on May 28, 2016 by OPM Disability Retirement Lawyer

It is the lasting image we hold onto.  On a warm, sunny day, in the carefree tapestry of a summer month, without cares or worries to haunt or ruminate by; perhaps the gentle sounds of a nearby stream and a cool breeze whispering softly the rustling leaves bright green in their early unravelling, still months away before the harsh August sun turns them into the crinkly brown of late Fall.

We dream of those times; perhaps, there never was a moment when life was without difficulties and lying beneath the shade of that big oak tree allowed for smiles of quiet content and soothing moments of careless thoughts.  But we imagine them; wish for them; embrace the idea of a time in antiquity when horse carriages were aplenty on the streets of dusty horizons, and people actually stopped on street corners and talked of things beyond the introductory inanities of, “How’s it going?” or “What’s up?”

Perhaps, beyond the weather, identifying actual names of family members, their plights and circumstances, and non-malevolent queries about Aunt Sarah and the illegitimate child she had borne in that corner house of shame where untold acts of forbidden pleasures continued to reverberate in the shadows of destitution.  No, there have always been trolls, boils and tragedies throughout time, and whether the youth in modernity espouse a greater utopia of equality and semblance, where Orwell’s prediction of totalitarianism in the destruction of forcing linguistic minimalism comes to fruition, it is the forgotten pimples which remain as the vestiges of lost reality, and the delightful dimples which we embrace to sustain sanity.

That is why that big oak tree — whether real or imagined — remains as the stalwart of memories lost and paradigms extinguished.

For Federal employees and U.S. Postal workers who yearn for a day, an hour, or just a minute of repose and reflection under that proverbial oak tree, but 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 the Federal or Postal job — it is important to hold on to the concept and hypothetical construct of that oak tree.

Preparing an effective Federal Disability Retirement application is a good first step; formulating a sound and solid basis to obtain an approval of a OPM Medical Retirement application is an important second step; and filing the completed Federal Disability Retirement application is a confirmation of following good advice and sound judgment, and the fruition of that necessary third step.  Then, waiting upon the U.S. Office of Personnel Management to make a positive decision — well, that is when you will need those sleepy days under that big oak tree, in order to allow for wandering thoughts and carefree summers to abide by in that long wait before OPM makes a decision.

Sincerely,

Robert R. McGill, Esquire

 

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  • More on CSRS & FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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