Tag Archives: can a government employee be denied light duty for a hernia that may not be work related? I believe so but check w/ atty (free first time consultation)

OPM Medical Disability Retirement Benefits: Per Se

The phrase, or word, is often misused or misapplied, but it always sounds intelligent when peppered about in sentences; annoying, when it is over-used and emphasized ad nauseam.  Essentially, it means to point to the importance or significance of something — by or in and of itself, intrinsically.

So, if you point to a person within a group and declare, “He isn’t the only one, per se, who can get the job done!”  Or, “It is not only the photographs, per se, which should convict the defendant, but…”  It is likely not a good idea to insert such a phrase when arguing to a jury, for it would probably confuse them, rather than enlighten them.

In the end, the phrase, “Per se”, is meant to focus the attentive signification upon the subject in question, but the way it is used/misused — with hesitancy and lack of confidence — often detracts from the strength of the phrase itself.  Thus, when a person says, “I’m not saying that my work, per se, is the best I have done.”  Huh?  What?  What did he just say?

For Federal employees and U.S. Postal workers who suffer from a medical condition, per se, and wish to file for Federal Disability Retirement benefits, per se, because the Federal or Postal worker can no longer perform one or more of the essential elements of his or her job, per se, it might be a good idea to contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, per se.

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.

 

Medical Retirement for Federal Employees: Memories of Yesterday

There was a recent single-captioned cartoon that had a man and a woman together (presumably a married couple), where one says to the other, “It’s sad when the ‘good old days’ are just yesterday”.  The point of the cartoon was to give us a sense of where we are today, where the pandemic has come upon with such rapidity and impact upon our lives such that memories of yesterday have become the fond fodder of our daily discourse.

The “good old days” are not a decade ago, or even a couple of years ago; they are yesterday.

Memories of yesterday: No concern that just by going out to the grocery store, you will contract a deadly disease that will land you in the hospital; or that there is any concern about eating at a restaurant; or that shaking hands with someone, opening the door to a store or visiting the home of a friend or neighbor will pose a danger.  Or that you may not necessarily be the victim or patient, but rather, you may become the unwitting carrier of a virus which may impact another, more vulnerable person.  Memories of yesterday remain fresh in our minds.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts one’s ability and capacity to continue in one’s chosen career, memories of yesterday are nothing new, and this pandemic has merely exacerbated the situation.

Federal Disability Retirement may be an option to consider, and you should contact a Federal Disability Retirement Attorney to see whether or not the memories of yesterday — before the onset of your medical condition — may prompt you to be qualified for the reality of today by filing for Federal Disability Retirement benefits under FERS.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Federal Employees: Too Much

It is good to know one’s limitations.  Have you ever met a person who simply says too much?  Who is unable to be aware; is unable to stop him/herself; fails to recognize the subtle art of minimalism?  Yes, yes, there is the other extreme — of the man (or woman) who barely speaks a word, whose reputation is merely by a nod or a shake of the head, but that is less of a recognizable issue than the one who blabbers on and on and says nothing of substance.

A number of modern authors fit that same category; of the endless stream of consciousness (excepting Joyce and Faulkner, of course) of conversations that seem to go nowhere and have no purpose.  Then, there are those authors who — with a single sentence — can describe a scene, a character, a situation or a conflict with such ease of word-economy, yet with such poignant force that one is just awe-struck with admiration.

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, be careful that you don’t give away too much.  Yes, Too Little can be bad, but Too Much can have greater and more harmful consequences; you should aim for “Just Right”, and to do that, you should consult with a OPM Disability Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: ‘It could be worse…’

Do other species utilize comparative analysis as a tool for deciding the next course of action to take?  Or, does the existential, “here-and-now” appetitive nature of non-human beings rule, such that the conclusion reached — “It could be worse” — never plays a role in the decision-making process?

For, that is the basis of the conclusion reached, is it not?  Of remaining static, refusing to change, in deciding to not make alterations to present circumstances no matter the cost or the pain — that by coming up with imaginative, hypothetical models of circumstances real and fantasized, encapsulating descriptive conditions far worse than the one being endured by you, we can therefore justify continuation of maintaining the status quo?

How much worse must it get before one discards the idea that it could be worse?  Or, are the boundaries of human imagination so limitless that the enduring of present circumstances is always preferable to modification and change; or, perhaps that change itself is so naturally resisted, because the comfort of monotony and repetition provides the sequence of security that favors the stability of an unchanging universe?

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 preservation of the status quo is often preferable to the trauma of needed change.

One can justify for quite a long time the grasping on to that which one has, and to not change; and the justification can be maintained for quite some time in the very statement, “It could be worse…”.  That is the safe path, the road of least resistance; but the question unasked is the one unanswered and therefore untold as to the progressive deterioration of one’s health; Of: “Could it be better?”

That question can only be answered in conjunction with the realization that one’s health is never something that should be sacrificed on the altar of one’s career or work, and preparing, formulating and filing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, is the first step in recognizing that, Yes, while it could be worse, it could also be better.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Present who of past what

It is a peculiarly human endeavor: of looking at a photograph (yes, digital nowadays, no doubt), and trying to discern from a present who what the one-dimensional picture says about what we were doing some years past, or maybe a few weeks or even yesterday.  It is the present “who” of one’s identity, trying to extract meaningfulness from a singular snapshot of an emotional freeze, whether of self-conscious “cheese!” declared knowing that the picture was being taken, or of a cold stare that locks out the soul’s essence of what we actually felt, and trying to extrapolate within a 3-dimensional universe the foundation of what had occurred.

We all play that peculiar game, do we not — of standing in the present by the very being of who we identify as ourselves and looking at a photograph of someone whom we can identify as the “I” in the image before us, and then remembering, with the contextual history hidden within, of the past what that depicts the picture present who stands before staring at the past what; while others may be doing the same thing many times over, multiplied exponentially in volumes unimaginable, yet each instance being insularly singular because there may never be a discussion about the present who of past what that no one talks about?

It is akin to having a medical condition, isn’t it — and of continuing to smile, walk about, carry on “normally” and everyone else in their insular universes not knowing about the medical condition you carry about, and the suffering you must endure because of the present who of who you are but of the past what where others see you and judge you as you were, what you were, who you were, while all the while it is the present who of today that has changed and is no longer the past what of who you were?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is preventing the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal job and positional duties, that feeling is often familiar and well known — the present who of past what.

Others see you and expect the same; you may even appear to be unchanged, but inside, you know that the present who is no longer of the past what, and that is precisely what must be conveyed in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether as a Federal or Postal employee you are under FERS, CSRS or CSRS Offset; for it is precisely the present who of past what that is the you of today with the historical context of the past what, but nevertheless needing the present who for a future whom no one but you can know or discern.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement Claims under FERS and CSRS: Rebirth

The term and the conceptual attachment possesses a connotation that is often repugnant to atheists and pagans – although, if reincarnation and a circular vision of regeneration of life are the belief-systems embraced, the declaration of “rebirth” or being “reborn” are not that foreign.

It can, too, have a very elementary meaning, to encompass merely a “new beginning” or a sense of transcending or climbing into a different stratosphere of thinking; sort of like “thinking outside of the box”, or of entering a “different phase” of life.  That, too, is interesting, is it not – where we never think in terms of “descending”, but always of “ascending” – as if the former is always related to death, catacombs and unmarked graveyards with cemeteries full of weeds and overgrown ivy?

Rebirth is physiologically an impossibility, and thus do we ascribe to a cognitive or spiritual transference where change is often dramatic, originating from a trauma of experiences that must be left behind.  But the experience itself – of a rebirth – can come about in a mundane, systematic, thoughtful and often enlightened means by nothing more than mere cadence of monotony – retirement; having children; getting married; becoming old; moving to a different country or even across a state line; these, too, can constitute a rebirth.

Or, how about adopting a dog from a rescue kennel and giving it a “rebirth” of sorts – doesn’t it reverberate back to the rescuer as well?  What we find when we do that is this:  We believe we are doing the “favor” for the abused animal, when in fact it is often the very reverse, where the animal brings out from within us a capacity for caring, empathy and love that we would otherwise have never known, and that, too, is a form of rebirth.

Filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset – can that, too, be a form of rebirth?  It all depends upon the attitude of approaching such a “next step” – Is it to escape, or to refocus?  Is it an indicator of a reshuffling of priorities?  Will it allow for an easing of debilitating pain and allow for a journey to attain a plateau of rehabilitation, such that a second career or further vocation will be possible?

Surely, rebirth is a wide enough concept to encapsulate a pathway through the bureaucratic morass of getting a Federal Disability Retirement application approved, and why not?

After spending years trying to hide the medical condition and the symptoms that naturally go along with it, moving on to the next phase of life can be nothing more than a rebirth, of sorts.

Sincerely,

Robert R. McGill
Federal Disability Attorney

  

OPM Disability Retirement: The Process of Decision-Making

As has been previously stated in repetitive fashion, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to understand and acknowledge the duality of the process — for it is a process, as opposed to a singular event, both as an administrative legal issue, as well as for the individual Federal or Postal employee in a personal sense.

To clarify:  As an administrative issue, it is a process which involves multiples stages of argumentation (potentially).  Yes, it would be nice if every case was decided with an approval at the First/Initial Stage of the administrative process; however, there is a purpose and a reason why there are multiple stages.  It is precisely because it was anticipated that there would be denials and appeals to such denials, that an administrative procedure for multiple stages of review and further submissions of evidence and arguments was constructed and implemented.  It is not an entitlement pursuant to a fixed date, a fixed age, or a triggering event.  Rather, it is an administrative process which must be proven, applied for, and affirmatively shown that one is eligible.

From the personal perspective of the Federal or Postal employee, the decision of “when” to apply for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is also a process, as opposed to a singular event.  There are, of course, cases where a traumatic injury or life-changing accident occurred, and such an event is the triggering moment for filing.  But for most Federal or Postal employees, the medical condition suffered is a progressively deteriorating process, and it is often difficult to determine a “date certain” where one can point to on a calendar and state, this is the day and hour when I cannot perform one or more of the essential elements of my job.

This is why there is an inherent complexity to a process, as opposed to a singular event of certitude — for, it is always the unknown and the uncertain which gives rise to the anxieties of life, and a process is indeed a period of the unknown, and a chasm of uncertainty.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Disability Retirement: A mote in society’s dustbin

What is the greatest fear?  Is it to be forgotten, cast aside, without a mere footnote in the linear history of societal acknowledgments?  Must society now adjust to the credited observation of Warhol’s dictum, that fame’s span of 15 minutes is too lengthy, given the fast-paced nature of modern technology?  Is watching one’s self in a public forum the satisfying conduit for vicarious living, such that it makes content the populous who would otherwise revolt in the disparity of despairing livelihoods?

The Biblical reference of comparing the mote in someone else’s eye, as opposed to the beam in one’s own, is of interest beyond the failure to recognize the reflection of insincerity displayed by lack of self-awareness; more than that, it is the comparative disparity which fails to prod.  While the mote itself is the foreign substance which irritates and prompts the pointing finger, it also represents the insignificance of life’s judgments in general, to the way in which we all live.  It is the tiniest piece of substance, and yet the finger-pointing it prompts reveals a readiness to judge, and is reflective of a character defect in us all.

And when that mote is extracted and flicked away, it floats unnoticed into the greater dustbin of society, where morning mists evaporate in the rising sun of daily tumult, and where giants of men with promise and potentiality fall with a thud and a shudder for all to hear.

It is irrelevancy of which we fear; that no one will have noticed, and the imprint of our lives will matter not against the rising tides of artifices constructed in the imagination of our own awakenings.  How many nameless tombs echo the mournful solitude of an estranged life in a world devoid of warmth and snuggles?  Why are teddy bears, stuffed animals and lifeless companions purchased with purrs of gleeful delight?  We are but mere motes in the dustbin of society; moreover, we fear being extracted, even from that status of being an insignificant irritant, and flicked away where even the shadows remain unnoticed and when mice scurry away with but barely an ear’s twitch.

That is why Heidegger’s comment that we engage in projects to avoid the ultimate meaning of our lives — the extinguishment of one’s conscious soul — reverberates with haunting excess.  Of course, some would scoff at that philosopher and retort that his shame in participating in the Third Reich revealed the true nature of his philosophy; but that is for another day to reflect upon.

For Federal employees and U.S. Postal workers who believe — nay, “feel” — that their work is not “done” with the Federal agency or the U.S. Postal Service, and therefore must endure the humiliation piled upon the progressively worsening medical condition despite the self-immolative process of remaining, the real fear is the underlying, subterranean seething of man’s refusal to be cast aside as a mere irrelevancy, like a mote in society’s dustbin.

In the end, however, does it really matter whether the “mission of the agency” has been accomplished (remember that bureaucracies and their foundational rationale for existence never comes to a terminus; a new one is always adopted as perpetual replacements in the linear eternity of a behemoth’s lifespan), or the last truckload of mail has been delivered?

Federal and Postal employees are known for their “dedication” and conscientious resolve; but when 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, becomes a hindrance because of an unfounded and unjustified adherence to a principle which does harm to one’s own health, then the mote in the eye of one’s brother becomes more than an simple comparison to the beam in one’s own eye; it becomes itself a mote which should be flicked aside into the dustbin of society’s joke, where the laughter is directed upon all who have fallen for the epic comedy of life itself.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Venting Venue

It is a necessary doorway (or so we are told) in order to attain sound psychological health; that, within the raging furnace of subsumed consciousness, of passions suppressed and grievances left unstated but yet seething beneath the subterranean caverns of unspecified aggregations of cumulative powder kegs confined by bloated egos, there remains a need for the fissure to emit the toxicities of life.  Or not.

The content of such emissions, of course, can never be challenged; it is only the context which should be questioned, in this age where subjectivity rules, the personal pronoun delegates, and the sacrosanct opinion of the “I” overcomes any Aristotelian residue of logical argumentation.  Venting is healthy (or so they say), and therapeutic, to boot.  And that which is both therapeutic and good, must by self-definition be unquestioned by any moral compass of historical certitude basked in tradition.

Thus, diatribes against parents are open game; vitriol against mothers, step-mothers, and especially mother in-laws are quite fashionable, and validated if spiced with an acerbic wit which only the unwitting can discern; and, certainly, the general population of parents, bad parents or parents who dared to restrict, set limits or otherwise constrained the alleged creativity of choice, lifestyle optioning and declarative innuendos of rejecting tradition and historicity of values, must be publicly flogged until the defamation of insensitivity is squeezed out of each, and where only the silence of conformity prevails, so that all traditions are banished into the timeless trashheaps of lost civilizations.

Perhaps it is good to vent; but when the “how”, the “where”, and the content-consciousness of “what” is left unconstrained, the issue is no longer whether, but if wisdom should properly channel it.  A stream flowing in front of a house, quietly lapping over the gentle smoothness of moss-covered rocks, may paint the picture of a serenity wrapped in the quietude of a morning mist; but when such waters turn into a raging turbulance and rise to levels which engulfs the rural solitude of a farmer’s self-sufficiency, the stream is then no longer the lifeline of gaiety and childhood warmth of memories unsheathed, but a warning that even the dreams of a butterfly can turn like a viper with fangs previously unseen.

For Federal employees and U.S. Postal workers who need to file 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, the proper preparation of an effective OPM Disability Retirement application should never be used as the venting venue for one’s solace or therapeutic health.  That should be left for another day, a different doorway, and a separate pathway for healthy living.

It is, indeed, the things stated in that moment of anger, actions embraced in a fit of rage, or hurts flung as self-defeating propositions, which one comes to regret.  The Federal Disability Retirement application, by contrast, must be objective, thoughtful, forceful in its argumentation and legal methodology of analysis and evaluative content, and never to be deemed impotent as a result of a venting venue of unnecessary contextual lapses.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The labyrinth of human psychology

Daedalus, in Greek mythology, constructed the complex maze for King Minos of Crete; it is reported that the multicursal patterns were so elaborate that even the designer himself could barely find a pathway out.  That is, indeed, reflective of the complexity of human beings.  Cynics are quick to dismiss our own species as predictable, untalented in any specific category but only in general terms; boastful beyond a simpleton’s ego and successful in self-promotion and propagation only because it is too lazy to do otherwise.

Repetition, the need for habituation of purpose, and forever seeking a quietude of reflective pastures in solitary reserve, the human animal both and at once can be definitionally reduced as a mere afterthought in the Animal Kingdom, yet cunning in its predatory mastermind in a universe otherwise devoid of sophistication.

Human begins are nothing if not complex; and the psychology of humanity in the linear history of conflicts, wars, greed and hatred of group behavior, only touches upon the depths of a labyrinth that even Daedalus would not have been able to figure out.  And yet we try; and despite our best attempts, the moment humanity deems to have declared the discovery concluded and forever ensconced in determined coordinates, whether as genetic material established with certitude or some mythology of a variation of a Freudian narrative, Man pauses for a moment, then surprises to turn upside down the paradigm of conventional explanations of behavior.  It is only the hermit who, within an iconic security of an ivory-tower observatory, can issue declarative narratives establishing uncontested truths of unequivocal certitudes.

The rest of us who must interact and maneuver through the unmapped waters of societal upheavals, are left to daily hiccups of unpredictable encounters with fellow human beings.

For Federal employees and U.S. Postal workers who must — in addition to dealing with mercurial managers and unpredictable outbursts from supervisors, coworkers and unnamed (and unnamable) agency heads — “deal” with a medical condition, such that the illness or injury results in an inability to perform one or more of the essential elements of one’s positional duties at the U.S. Postal Service or the Federal agency, the daily encounters will often quickly take their toll through exhaustion and profound fatigue beyond mere tiredness from a rough day’s work.  You become “pigeonholed” as that “unproductive employee”, and thereby reduced to a category, a name, a label and a farce.

But the labyrinth of human psychology can never be constrained within the convenient categorization denounced by fiat; the complexity may become repressed, but like the boiling pot gurgling to explode, will remain simmering in the quietude of suppressed restraints.  Then, and probably long past and overdue, it is time to prepare an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, to be filed with the U.S. Office of Personnel Management.  It is the only and best option available, lest the unpredictable and complex labyrinth of human psychology boil over into an uncanny cavern of a despairing tidal wave yet to be revealed.

Sincerely,

Robert R. McGill, Esquire