Tag Archives: can a federal employee be terminated due to a medical condition? yes! call atty first time free consultation to know your rights

FERS Disability Retirement from OPM: Second Chances

In the wild, there are few such second chances.  Every now and again, one sees a documentary where a prey somehow escapes the grasp of the predator, but it is a rare sight.  When survival depends upon a meal, nature does not relent in favor of the weak.

In the human sphere, second chances are more common because a greater sophistication of higher human characteristics are involved (at least, sometimes), not the least of which include kindness, empathy, and selfless generosity.  We are capable of rising above the beast and acting at a level just below the angels.

Shakespeare and Milton recognized this greater capacity, as have many other authors (is it a contradiction that the English, known for their ” stiff upper lip” approach to life, would embrace such a worldview?).  And when a government passes legislation empowering its citizens with second chances, it is reflective of a higher and more civil spirit.

For Federal employees and U.S. Postal workers who suffer from a disabling injury or illness which requires a second chance, FERS Disability Retirement under the FERS system provides just such an opportunity.

To have greater assurance that the bureaucratic machinery of OPM will comply with the letter of the law, however, you may want to contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, for — even in the human sphere — there are still predators in the wild who fail to regard the spirit of the higher laws.

Sincerely,

Robert R. McGill
Federal Lawyer exclusively representing Federal & Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal Disability Retirement: The State of Affairs

It can possess a multitude of connotations and meanings; some, rather clever; others, of a mundane nature.  In a specific sense, it may involve a country’s economic and domestic standing; or, in a general sense, concerning the circumstances and situation of an individual or family.  A clever connotation evokes the consequences following infidelity in a marriage; and in every sense of the phrase, context is important in order to clarify the centrality of meaning, significance and relevance.

Thus does the phrase begin with a general sense, which we approach with a quizzical perspective because of the multitude of possible meanings within the limitations of a universe of linguistic possibilities.  That is the beauty of language; unless it is a stagnant one on its way to extinction, the richness of potentialities allows it to expand and trigger curiosities beyond a child’s imagination.

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 basic elements of one’s Federal or Postal job, the state of affairs may specifically hinder and prevent one’s ability and capacity to continue in one’s career.

If that is the case, contact a FERS Attorney who specializes in Federal Disability Retirement Law, and don’t let the present state of affairs remain as the pinnacle of your dreams and hopes; rather, build from the state of despair so that the future will evoke and connote a more positive state of affairs by preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, under FERS.

Sincerely,

Robert R. McGill,
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Disability Retirement: Beware the Goal Reached

Beware the goal reached; for, it often results in the loss of vigilance, a sense of completion, a notion that being ever protective can now cease.  We tend to think in terms of “finish lines” and projects completed; and upon reaching and satisfying that goal, a “letting up” occurs.

The underachiever who believes that he or she need not put any further effort into things because of an early series of conquests and accomplishments; the marriage partner who concludes that no contribution is further required once the proverbial knot is tied; the traveler who let’s his guard down upon avoiding the highway robbers known to lurk in a given area — all, wrong assumptions and dangerous presumptions.

For Federal employees and U.S. Postal workers who file for Federal Disability Retirement benefits, and for those who obtain an approval from OPM — remember that getting an approval from OPM does not mean that OPM cannot take away your benefits in the future.  Maintaining and safeguarding your OPM Federal Disability Retirement benefits is just as important as securing it in the first place.

Contact an attorney who specializes in Federal Disability Retirement, and beware the goal reached.

Sincerely,

Robert R. McGill
Federal Disability Lawyer

 

Medical Retirement for Federal and Postal Employees: Stupid Mistakes

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 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 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 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 Attorney who specializes in OPM 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 from OPM: Feelings

There are appropriate contexts within which to consider them, as well as places, insertions, events and conversational modalities where it is partly or entirely irrelevant; but as with most things in life, the boundaries that bifurcate are not always clear and distinct.  When one is considering purely subjective circumstances, it is clearly the “appropriate” moment — of personal relationships; of a vacation to be taken; of emotions being considered.

In a court of law, it is probably not the best approach to take with a judge; although, in the sentencing phase or the “damages” argument to be made to a jury, it may be the singular force of persuasive impact that makes not only the distinction unclear, but the decision quite the decisive edge.

“Feelings” are to be reserved for puppies, late nights in bed with a fever, and how the toes tickle when lying on a grassy knoll in the middle of summer when the lone ant walks along the pathway of your bare skin.

Do we dare admit to them?  When you are in a heated argument, is it not an oxymoron to shout, “Feelings don’t have anything to do with it!”  For, what is the criteria to be applied when making a decision based upon them?  Does the spectrum of emotions never cloud one’s judgment?  Or can we, as we often claim, set them aside so easily, like so many automatons in those doomsday movies that have become popularized, where androids and mechanized juggernauts that have taken over the earth and tried to suppress humanity are now the very beings whom we always wanted to emulate?

And what of the French Existentialists and the horror of reaction to that old favorite, “Invasion of the body snatchers” — what was it that made it so fascinating, where beings were stripped of their souls and emotions were all of a sudden undone, extinguished and no longer relevant, where bodies devoid of feelings walked about the earth like so many empty tombs?

Feelings are funny animals; they make up so much of who we are, and yet we spend a lifetime trying to avoid the very essence of that which makes up who we are.

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 the Federal or Postal job, the anomaly concerning “feelings” becomes quickly apparent: for, confronted with having to prepare an effective Federal Disability Retirement application before an administrative body — the U.S. Office of Personnel Management — you are asked to remain “clinical” and antiseptic in the face of “proving” the medical evidence by the cold calculus of “the law”, and yet at the same time you are trying to convey your “feelings” with respect to the impact of the pain, the anguish of anxiety or the daily levels of profound fatigue felt.

It is a tightrope, balancing act that must be done with expertise, subtle techniques and an interspersing of line-crossing deftly engaged. Completing the SF 3112A, Applicant’s Statement of Disability, is the single most important form in preparing a Federal Disability Retirement application, aside from gathering the proper medical documentation and making the persuasive legal argumentation.

For, in the end, that lifetime of trying to suppress those “feelings” must be utilized carefully, yet at the same time you have to be persuasive enough to touch upon the emotional makeup of a fellow human being who, also, likely has had to suppress those same feelings in order to apply “the law”.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: A remnant of bygone memories

Memories are funny animals; they travel and traverse endless miles of countless eternities, over fences artificially constructed and through tunnels built within the deep caverns of one’s mind; and in the end, they represent only a slice of accuracy in the whole of what really happened.

Sometimes, even after decades of being together with a “significant other”, a remnant of bygone memories erupts.  Perhaps some scent, or something someone said, or a picture that jarred and shook one’s cobwebs from the recesses of the brain occurred without a deliberative consciousness to do so; and we say, “Oh, yes, when I was six years old, I remember…”  And a remnant of bygone memories surfaces, like a corpse buried with a tombstone long forgotten behind the churchyard overgrown with weeds, and a flood rushes in and ravages the soil by erosion of natural forces and digs up the caskets rotted by time, whispers and hidden secrets.

Were they ever forgotten, and did we simply allow them to remain in a corner of closeted images? Does a truly forgotten memory ever resurface by accident, or is it by fate, destiny, karma and coincidence that at a given place in time, we are suddenly forced to relive a time period buried deep within the unconscious triggers of a soul haunted?  Do we bury memories like we do to the dead, because to not do it would mean to allow the stench of decay to fester within the sensitivities of our inner health?

Encounters with reality and the problems of the day often provoke a remnant of bygone memories; it is, in the end, the present that we must face, within a context of past wrongs committed and previous difficulties perhaps too easily avoided, that come back to haunt us.

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 duties, a remnant of bygone memories can include serious medical conditions that trigger PTSD, depressive symptoms, anxiety and panic attacks.

Are they a valid basis for filing a Federal Disability Retirement application?  Yes.

Do they need validation from a medical doctor to affirm the foundation of a valid case?  Yes.

For, a remnant of bygone memories can impede and prevent the Federal or Postal employee from performing the essential elements of one’s Federal or Postal job, and it is that medical nexus between human memory, job elements and psychiatric capacity that in the end creates the foundational paradigm of an effective Federal Disability Retirement application, based upon a remnant of bygone memories.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The Narrative Recanted

The ability to expunge, extinguish or recant is only available to the extent that memory serves us well; for, as the last veteran of a war once fought follows to a grave avoided in the skirmishes and battles long forgotten, so the discarding of memorialized narratives will survive long past, or be placed upon the dusty shelves of books unread and periodicals unsealed.

Human memory itself, of course, is fickle and fraught with errors of judgment and contextual intermingling of past vestiges, present impressions and future anticipatory angst of what should be; thus do short stories and novels of Dickensian genres magnify the perspective from a child’s memory of slights and wrongs committed.  It is when the written form is completed, that we are locked into the truth or falsity of an otherwise remembered past.

For Federal employees and U.S. Postal workers who prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the narrative Statement of Disability as propounded, explicated and sealed on SF 3112A becomes the foundation of one’s application.  For that is where the facts, figures and featured fellowship between one’s medical condition, the work one engages in, and the nexus between the two will determine the evaluative force and analytical judgment of the Administrative Specialist at the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Once the Federal Disability Retirement application is submitted to Boyers, Pennsylvania, and a CSA Number is assigned, the content of the narrative statement is accepted and ensconced in stone; medical conditions cannot be “added”, but they can follow the course of substantive inclusion; and nor can the narrative be recanted, despite differing memories diverging from the written Statement of Disability as submitted to OPM on SF 3112A.

As such, one must take care in the preparation, formulation and filing of an OPM Disability Retirement application, for the narrative recanted must be withdrawn, but the residue of past submissions may remain in copied form in the unforgiving files of a bureaucracy which never discards anything, even unto the dustbin of history.

Sincerely,

Robert R. McGill, Esquire