Tag Archives: can i work while awaiting a worker’s comp decision

OPM Disability Retirement under FERS: Trapped

Have you ever seen a trapped animal?  The fear in its eyes; the uncertainty of its movement; the scent of fear mixed with the heightened anxiety for survival.  For Man, in a society uncalled for, in a world into which he or she enters unasked, and often unwelcome; what does that say about a greater population which feels this way?

The pandemic exacerbated and exponentially magnified all of the ills of modern society.  Social isolation; the greater distance — not just of enforced separation of standing 6-feet apart, but the admonishment not to hug or touch; of facial coverings hiding a friendly smile; of mere virtual encounters replacing the human touch, even if it was a short handshake or a pat on the back.

Divorce rates and separations suddenly skyrocketed because couples found that — when all of the busy-ness of life suddenly became reoriented and concentrated within the confined space of one’s own home — they didn’t actually get along with each other very well.  The kids suffered from not going to school; everyone suddenly began questioning the value of the work they were doing.  The stress of life became quantified; medical conditions suddenly magnified.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to continue in your Federal or Postal career, contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and see whether or not your medical condition — that deteriorating condition which keeps you trapped in the endless cycle of pain and debilitating depression and anxiety — might qualify you for Federal Disability Retirement benefits under the FERS system, through the U.S. Office of Personnel Management.

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.

 

FERS Disability Attorney Help: The Hammer or Screwdriver

They are two different tools or implements; of the latter, a connotation not of the tool itself, but the approach to take.  In grammar (do we even teach that in schools, anymore?), the term “implement” can be either a noun or a verb.  As a noun, it is a tool, utensil or other piece of equipment.  As a verb, it means to act upon a decision made or plan devised.  In either meaning, it is the application of X upon Y, as a tool to use or a decision to move forward upon.

As to the specific tools — the hammer or the screwdriver — the application of either depends upon the work to be done.  As metaphors, they denote differing approaches.  The way of the hammer is to pound whatever it is which needs to be driven in; the approach of the screwdriver is to slowly and methodically twist and turn the screw until it attaches and secures the two or more surfaces which previously remained separate and apart.  The manner and approach between the two differ considerably, but both in their completion manage to do the job required.

In Law, the two approaches require thought and planning.  The “hammer” approach, of pounding the law aggressively; the “screwdriver” way, of a quieter, more persuasive tone.  The choice between the two depends upon the circumstance, the audience, the goal and the plan.  For Federal Disability Retirement applicants, the manner and approach of applying the law is important.  What you say; how you say it; the hammer approach or the screwdriver manner — that is the province of an experienced lawyer.

Contact a FERS attorney who specializes in Federal Disability Retirement Law, and consider whether in preparing, formulating and filing an effective Federal or Postal Disability Retirement application under the Federal Employees’ Retirement System (FERS) with the U.S. Office of Personnel Management, you should use the hammer approach, or the screwdriver methodology.

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.

 

FERS Employee Disability Retirement: The Legacy of Achievement

We all dream of having contributed to society in greater or lesser ways.  Whether individual achievements are enough, where private satisfaction is gained through a restricted circle of those “in the know”, is doubtful; and even of leaving a name behind on a building, a statue or a commemorative stamp — what difference does it ultimately make, the cynic would wonder aloud?

When we pass by a building with a nameplate in one of the bricks or chiseled into the mortar, do we even acknowledge it, let alone recognize who that person was or what contribution he or she had made to the world?  Do we stand and Google the name and ooh-and-ah at the achievements bestowed?  Or of a statute with the proverbial fountain spewing daily freshness of recycled water, of perhaps a general who had once-upon-a-time led a charge and captured or killed a great opposing force — is that what we consider an achievement worthy of a bronze emblem?

And how about the more subtle legacy, of leaving imprints and personality traits, whether positive or negative, in one’s children or grandchildren?  “Oh, he is just like his father!”  “She reminds me of her mother.”  Or of those quiet achievements by challenged individuals daily around the world; we know not what effort it took, but for the person making the effort in the silence of his or her private suffering.

Achievement is a funny animal; it is ultimately a feeling; otherwise, why would we build statues to declare it to the world if we truly believed in the legacy entombed?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal job, perhaps the achievements one had hoped for in one’s career are no longer achievable, and thus the “legacy” of achievement is no longer possible.

In that event, the Federal or Postal worker needs to reconsider the values once sought, and to re-prioritize the goals pursued.  Perhaps “health” was not part of the original list, but should be; and that is where an effective preparation of a Federal Disability Retirement application comes into play: One’s career was never the legacy to achieve; it was merely down on the list of priorities to be sought, where one’s health and well-being should have been higher on the list to begin with.

Sincerely,

Robert R. McGill
FERS Disability Lawyer

 

Federal Disability Retirement Claims: Being another

When you read that some actor, writer, politician or commentator (dare we ask why, in a single sentence, all of them have been lumped side by side) says X or does Y, we often allow our own ego as the “one-upsmanship” to overtake us, and we imagine that, if we were there, we would have said “XX” instead of “X”, or done “YY” instead of the mere “Y”.

At the moment, though we rarely recognize the egocentric reality of what we are doing, we actually “become” that actor, that writer, that politician or that commentator, and assume the role and identity of the person we have replaced in our mind’s eye.  Insanity, of course, comes about when a further step is taken — of believing not what we “would” have done or said, but incontrovertibly becoming that someone whom we are not.

The quantity of time expended within the insularity of our lives is astounding; and the personal — albeit creative and imaginative — excursions into another type of virtual reality consumes a greater part of each day, every hour and multiple minutes of our disjointed lives.  Perhaps this occurs in a quick flash of a stream of passing thoughts; or a long, enduring daydream that recurs through the day, the week, and over a month’s time; but of whatever duration, being another is something that we all do, and always at the expense one’s own ego and those who are close to us.

Being another also occurs in hopeful encounters with our own circumstances.  We imagine that we are ourselves, but also another who is simultaneously identical and yet different.  That is what a medical condition does — it divides the reality of who we are today from the memory of who we were yesterday, and further projects a person of what will become of us in the future, near or far.  Often, emotions become entangled in the images of who we are, and so regret pervades the past, anxiety overwhelms the present, and fear pursues the future.

Medical conditions tend to inject a factor that we have no control over, and it is that loss of control, combined with who we see ourselves as, and who we would rather be or become, that presents a dilemma: As circumstances change, can we continue to remain who we are and allow for being another — the “other” being the person who we once were — to continue as if such changes of circumstances never occurred?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has “changed” a person to the extent that he or she is now “another” — someone not quite dissimilar to yesterday’s you but also not identical to today’s yesterday of the person we just met — because of circumstances beyond one’s control, it may be time to do that which only another in a different time and distinguishing context may have contemplated: 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 reality is that we are never the same as who we were yesterday, and last year’s child of imaginative “being another” has grown into the “other” that was once imagined.

In the end, the essence of who we are will not have changed because of a medical condition, and what we do in life beyond filing for and obtaining a Federal Disability Retirement is more important than feeling self-pity for not having fulfilled one’s desire for being another, who was yesterday’s another in a different role from today’s another or tomorrow’s another.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: The jolt that alters

Second chances are hard to come by; they rarely release the powers constrained and tentatively restrained for future redemptive actions taking those steps back, words erased from regrettable and thoughtless splices of life; and even when the opportunity is provided, it is precisely for the same reason that the One who visited and descended within the historicity of this world refused to restate that which had already been taught once; for, no matter how many times it is stated, reiterated and disseminated, the power of forgetfulness and deliberate self-justification to not do something is so ingrained in the humanity of man’s imperfection that one wonders whether any jolt that alters has an impact for very long.

There is, of course, the story of Saul of Tarsus, who on that famous road had such a shock of conversion that no amount of persuasive argumentation would alter the alteration consumed, and from that time, others have attempted to tell a narrative of similar power, conversional trauma and cataclysmic vicissitude; but they all miss the point.  It is not the narrative itself as told by one’s subjective experience, but of the experiential phenomena itself.  Trying to copycat the original is like the forgery of a masterpiece; somehow, whether it is the tone, the quality or the vibrancy of lack, there is an imperceptible difference that makes all the distinction in the world.

Medical conditions often provide the jolt that alters; suddenly mortality becomes a reality, the end seems nearer than in those youthful days when invincibility was the cornerstone of dare and foolhardiness, and fractures bones were mere brushes with defying the gods of fate, and we laughed in the face of weaklings who dared not advance.  Age has a way of bottling and distributing the laughter of gods that once seemed immortal, and it is the weakness of our essence that tends to bubble upward into the heavens of forgotten mythologies.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition becomes the jolt that alters, it may well be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, in the end, it is not so much the jolt that makes the difference, but the alteration that compels movement forward into a future that may be obscured by fear and loathing, but a necessity that nonetheless must be faced; for, the jolt that is disregarded and ignored is that very one that will force the alteration, whether by choice or by freedom of will.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement from Federal Employment: And then we die

(It is the parenthetical previous statement that ultimately matters, left blank to be completed, and never to be presumed).  Actions of finality, or seemingly so, tend to create an aura of despair and angst.  Once, in a world where purpose was never questioned, and the teleological end of man never brought forth the hint of doubt, the cohesiveness of society’s resolve was never a pause.  It is the modernity of hesitation, trepidation and loss of judgment that brings us to the pit of incessant questioning, as opposed to “doing”.  This is a maddening world, where the rise of Existentialism and post-modern impotence leaves us to seek therapy at every turn.

What we do in our lives before that terminal event; what dreams we once possessed before the souring of cynicism overwhelmed us; and of those lazy summer nights when the dancing illumination of fireflies dotted the canvas of a blackened void, when thoughts would drift beyond the mere mediocrities of present lives, current circumstances and seemingly unassailable realities which constrained, restricted and limited the dreams shattered by the reality of our travails; it was then that a glimmer of hope, an expectation of possibility, and a hint of potentiality yet unrealized, would creep into the essence of our souls.

Fairytales matter, because youth cannot survive another day without some fantasy of hope; and doors left unopened and locked with the resolve of “forever” will only diminish and destroy, where the need for tomorrow yet shouts in a rashness of desire.  To shut the pathway to dreams or to construct obstacles for the mere sake of obstruction is to strangle that parenthetical gleam of light yet unextinguished and to betray the angels who look down upon us with the remnants of wings to be unfurled, in hopes of fluttering to pass by with a smile.

Perhaps, one day, there will still be such follies to believe in.  For now, there is only the toil of daily grind, and thus are we left with the question implicit in the statement:  And then we die.

In Muriel Barbery’s work, The Elegance of the Hedgehog, a youthful life of advantage but of seeming meaninglessness is traded with an older woman’s upward trajectory once lost in the anonymity of class distinctions, and the theme throughout encompasses the essence of a life’s worth.  We all want to embrace meaning and value in the life which has been given; have we fulfilled our potential?  Did the dreams we once possessed, handed to us like jewels on a plate of limitless infinity, become realized, or was it a wasted phantasm like a handful of sand squeezed and escaping through the crevices of our closed fists?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the questions garnered by thoughts of future insecurity are natural and plentiful.  It is, in many ways, similar to the refrain repeated herein:  And then we die.

Once a Federal Disability Retirement application is approved, and the Federal or Postal employee is separated from the Federal agency or the U.S. Postal Service, one wonders:  Was my work of any lasting value?  Did I leave an imprint upon the shifting sands of a prior existence?  Did I make a difference?

But those questions should be cast aside and left behind, and instead, it is still the future of one’s unfinished work that should always be focused upon, and preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is to continue the narrative in working upon that familiar refrain, that the future still promises a fulfillment of unfinished potentiality, and the unmarked grave need not be one which is unvisited even in the twilight of our lives.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Afterwards

There is often a sense of deflated incompleteness; of a sense that what comes next is not as fulfilling as the expectation of that which has already passed.  The sense of “let-down” is a phenomena which exists only in a culture which prepares for much, allows for little, and demands of everything.

For the Federal employee and the U.S. Postal worker who expected that a career in the Federal sector or the U.S. Postal Service meant a lifetime of dedicated service, and that loyalty would include a bilateral venue where, if you became ill, had a prolonged period of absenteeism, or otherwise suffered from a medical condition such that you could no longer perform one or more of the essential elements of your job — that, despite such circumstances as described, the Federal agency or the U.S. Postal Service would nevertheless “stick by you”, your disappointment at the reality of the situation must by now be palpable.

Preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or even CSRS-Offset, is the next best step if the Federal or Postal employee suffers from a medical condition which impacts and prevents one’s ability and capacity to perform all of the essential elements of one’s positional duties.  Such an application must be prepared with a view towards effective persuasion, through the U.S. Office of Personnel Management, and should include multiple elements including a clear citation of the legal basis upon which one meets the eligibility criteria.

Afterwards, there is merely the empty wrappings and the residue of the joyous occasion from the previous night; but it is the tomorrow and the next day, and the days thereafter, which will determine whether happiness and fulfillment are still the byproducts of a promised culture, especially for the Federal and Postal employee who gave much, demanded little, and finally gained insight into the broken promises spoken by the Leviathan of a bureaucratic morass.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Quiet Subtlety of Excellence

Failure blares like a discordant trumpet in a confined space with no exit; success flows like the quiet stream on the other side of the mountain, barely noticed.  In law, it is the appeal, and the written order issued therefrom, which receives the attention of the daily press.  Yet, if one pauses to consider:  The reason for the appeal, is the lack of success at the trial court level.

For Federal employees and U.S. Postal workers who suddenly find themselves the target of workplace hostility because of a medical condition which now prevents them from performing one or more of the essential elements of their job, it is often a surprise that they have become a focal point of interest.  The quietude enjoyed for so many years, in relative anonymity, is actually a reflection of one’s outstanding performance throughout the years.  It is because of the threat of departure — of the “failure” to continue to support the agency, or to provide ongoing efficient contribution to the U.S. Postal Service — that results in the sudden and unwanted attention.

Filing for OPM Disability Retirement benefits for the Federal employee or U.S. Postal worker who cannot perform all of the essential elements of one’s job anymore, is an option which must be considered precisely because of the limited alternatives offered or provided by the Federal agency or the U.S. Postal Service.  Health should always be the primary concern; maintenance of one’s health, the focal point of endeavor.

And just as importantly, to maintain that quiet subtlety of excellence in the next important step of one’s life — to prepare, formulate and file an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

All these many years, the Federal or Postal worker has dedicated him or herself to the excellence of combining career, family and personal relationships; when the time comes to attend to one’s own medical difficulties, it is important to maintain and continue that standard-setting record of accomplishments, by ensuring that one’s Federal OPM Disability Retirement claim reflects what has always been known all along, but has only received the murmurings of a muffled fanfare — that quiet subtlety of excellence.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Benefits: The Eyes Which Betray the Laughter

Plato noted the significance of the eyes; as windows of the soul, they reveal the depth of emotion, character, empathy, interest, boredom, meanness, etc.; and just as true, the lack thereof.  Laughter provides the concordance of mirth to context; cacophony occurs when the harmony between the two somehow fails to connect.

The pinnacle of sadness is represented when one looks upon an individual, hears the laughter, and sees the revelatory sadness deep within the eyes of the soul.  The discordant contrast takes us aback; it is perhaps the height of self-contradiction, where the parallel universes which are never supposed to transect, suddenly violate the very content of definition, and betray the consciousness of self-doubt.

What has transpired?  What tragedy has befallen?  It brings to mind the poignant story by Chekhov, entitled “Grief” (or otherwise translated as “Misery”), where the death of the son is magnified by the haunting question, “With whom shall I tell my grief?”  As the world he continues to encounter is filled with passengers who laugh and carry on with life, the father must continue within the disharmony of his own tragedy.

Medical conditions tend to do that to people; it remains silent, but for the sharing beyond the perfunctory response to the passing, “Hello, how are you?”  We are expected to say merely, “Fine, thank you,” and move on.  Federal employees and U.S. Postal workers know about the emotional disjunctive between the eyes and the emitting laughter.  When the sound of mirth and the sight of pain clash, it is probably time to make an exit by filing for Federal Disability Retirement benefits.

While often not the “best solution”, it allows for the Federal or Postal worker to leave one’s employment, secure a disability annuity, and seek a restoration of one’s health, in order to reinvigorate the soul behind the eyes of tragedy.

Filing for Federal Disability Retirement benefits, whether the Federal employee and U.S. Postal worker is under FERS, CSRS or CSRS Offset, is a long and arduous journey through a bureaucratic maze.  There is the process itself; the need to substantively put together and formulate an effective and persuasive disability retirement packet; and then the long wait before the U.S. Office of Personnel Management.

Every Federal and Postal employee must make the decision of when and how; but as to the “why” of the foundation, it is when the eyes begin to betray the laughter, that affirmative steps need to be taken to begin to prepare, formulate and file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer