Tag Archives: can the veterans administration deny a reasonable accommodation request? If it’s not job related they might but then you can always file for disability retirement under fers

OPM Disability Retirement under FERS: The Typical Day

For some, it is a monotonous conversation which can be engaged in while being on mental autopilot: “How was your day?”  “Good.  Just another typical day.  And yours?”  “The same.”

It is that repetitive pablum of pointless conversations engaged in throughout households the world over — pointless, but necessary, in order to establish the comfort of monotony, which is what we all seek; we just don’t know it.  We think we desire excitement — though not too much of it; or of an atypical day — so long as we can rely upon a typical day following; or perhaps, for some, of a fresh relationship — so long as it does not infringe upon the ones we already have.

The “typical day” is one which is challenging — but not so much that we cannot meet the challenge; a day which may have some surprises — but not ones we could not have predicted; and, perhaps, a day which can be talked about without reverting back to the pablum of autopilot — so long as we can relax and not put too much energy into the conversation of the day.

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 no such thing as a “typical day”.  Each day is fraught with pain, anguish, unpredictable behavior on the part of supervisors and coworkers; unending harassment from one’s own agency; and the fear of a future yet to be decided.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin to consider whether or not Federal Disability Retirement might return you from the atypical days of today, to those boring, typical days you once knew.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

OPM Disability Retirement under FERS: The Plan for Tomorrow

It is often the single most important remedy for a sense of hopelessness; for, with it, one is armed with a map, a guide, a sense of direction.  Perhaps there is not one for the day after, or a year hence, and maybe not even for the next hour; but the plan for tomorrow is what motivates us, gives us a perspective and a context, and a measure of whether there is hope for the future.

It can be something insignificant as viewed by others, and perhaps even irrelevant by most; of doing X or going to Y; perhaps, of accomplishing something relatively unimportant or visiting someone or someplace; yet, without it, life becomes an empty void, a chasm of meaninglessness and a hole in one’s heart measured not by surface diameter but by the depth of an unreachable goal.

The plan for tomorrow takes care of the anxiety of today; it paints over the marred wall and the unvarnished surface; and it provides a glimmer of light in an otherwise darkened and terror-filled 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 worker from performing all of the essential elements of one’s Federal job, the plan for tomorrow is to remain healthy, stay upon the road towards recuperation and limit the stresses of the day.

It should likely include consulting with an OPM Retirement Attorney who specializes in OPM Disability Retirement Law.  Now, that is the true plan for tomorrow — to get the advice of an attorney who will prepare, formulate and file an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The persistent tinnitus of life

The root word that contains a valid diagnosis of a medical condition, sometimes comes about gradually, others at a persistent rate of uncommon urgency; and whether by emanation of a serious, primary condition such as Meniere’s Disease, a brain tumor or cardiac elements impacting upon the heart or blood vessels, or mere residuals from a short-lived ear infection, the low, persistent ringing can interrupt and disrupt focus, concentration, attention to detail, and lead to depression, anxiety and panic that the idea of sounds being heard without the objective world recognizing or acknowledging them, can indeed be disturbing.

Tinnitus is a serious medical condition; yet, while we seek treatment for such a state of health deviancy, we allow the persistent tinnitus of life to surround, abound and confound us throughout.  The persistent tinnitus of life is almost an unavoidable juggernaut in modernity.   Yes, we can make the inane argument that, as we are the gatekeepers that can allow, deny or limit the access granted on any given day, who can withstand the active and passive onslaught of daily and onerous, oppressive bombardment of the multitudinous spires of high-speed jettisoning of such information overload on a daily, consistent basis?

From blaring headlines screaming while standing passively in a grocery store, to gas pumps that speak back to you with the selective entertainment headlines of the day; from unsolicited advertisements personalized to one’s computer based upon information provided and shared despite every precautionary steps taken, to mediums of electronic communication that are depended upon and mandated in this day and age just to remain employed; we cannot put a wall between the need for a soul’s quietude and the persistent tinnitus of life.  If not completely, then how about in some limited form?

The trick, then, is not to succumb completely, nor attempt to sequester one’s self in a hermitage of complete abandonment; rather, to selectively distinguish between information of useless human detritus from that of relevance and significance; in short, between Orwellian linguistic garbage and that which constitutes “wisdom”.

For Federal employees and U.S. Postal workers who are contemplating 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, the importance of limiting the persistent tinnitus of life applies to the process of preparing, formulating and filing an effective Federal Disability Retirement application, especially by recognizing the distinction between truth and falsity, between objective facts and inaccurate innuendoes; for, in the end, the medical disability retirement application must contain the facts to persuade, the evidence to establish, and the legal arguments to consider, and in order to do that, one must resist the persistent tinnitus of life.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Scoffing paradigms

Of course, such a title can have a double entendre or duality of meanings – that, in the first instance, the accent is upon the word “scoffing” with a lowering of one’s voice upon “paradigms”, and that would mean: One turns up one’s nose at the very idea of paradigms. Or, alternatively, if both words are of equally monotonous tonal undulations, then it could mean that the paradigm itself is one which scoffs at other paradigms, differing principles or contrary perspectives.

As to the first: There are those in life who declare that paradigms are unnecessary, and one needs to simply live life, take things as they come and forget about being able to comprehend “first principles” or other such nonsense. Indeed, that is the bestial side of humanity; animals and all other species live like that, and as the evolutionary perspective has won out and we are left with nothing but the biological counterview of life, so why not us as well in consonance with the rest of the universe?

The second meaning would presume the opposite: for, in order for a superiority of belief-systems beyond modernity’s feeble attempt at generalized equivalence of all such systems, there needs be certain paradigms that are objectively prioritized in significance, importance and relevance of application. In either meanings, while the emphasis upon the direction of the scoffer may differ, the central concept of “paradigms” remains throughout and consistently becomes elevated and magnified as the primary root cause.

Modernity has a dual problem (and many more, besides): On the one hand, nobody any longer believes in grand systems of philosophical import; thus, the Hegels, Kants and Heideggers of yesteryear will not become reincarnated in current or future times, unless there is a wholesale exchange of mindsets. On the other hand, we still cling to a tribal mentality – of wanting and needing to belong to a group that espouses illogical biases and discriminatory tendencies, if only to have some semblance of an identity unique from others; and so we embrace, by unconscious fiat or otherwise estranged ignorance, paradigms that we neither understand nor take the time to comprehend, but instead join in and defend by means of keeping company with other such ignoramuses.

For Federal employees and U.S. Postal workers who begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, what becomes quickly evident during the process is that the Federal Agency or the U.S. Postal Facility will suddenly become encamped and invested in one paradigm, and you in an altogether different paradigm, and then the scoffing begins.

The Federal Disability Retirement applicant (you) are no longer amongst the “for the mission of the agency” paradigm, and you end up being a member of that “other” paradigm whether you like it, choose to, or not. Thus do you participate in the vicious cycle of scoffing paradigms, in either sense of the terms, without even knowing it. Go figure.

Sincerely,

Robert R. McGill, Esquire