Tag Archives: complaints abou owcp take so long and then deny application? should a sue or file for disability

Office of Personnel Management (OPM) Disability Retirement: Off on a Tangent

It can be done inadvertently, without malice, and often unintentionally — and so long as one remains within the insular world of language, no harm occurs in most instances, in most circumstances.

Of course, to literally go off on a tangent — if you are walking in the wilderness without a compass; out in the deep sea in a small skiff; wandering about in a neighborhood known for drive-by shootings — can be quite another thing.

But for the most part, when we say that “So-and-so often goes off on a tangent” or “Sally has a tendency to go off on tangents”, we merely mean that the focus of the conversation, the content of the primary narrative, the point of the lecture being given, etc., the central idea, theme or point of someone’s statement, discussion “talk”, etc. is being waylaid by some divergent, often irrelevant side-show.

It is like a movie badly edited — you know, those scenes which often are “extras” which were taken out because of time-constraints or creative doubt as to their relevance to the story.  Or, sometimes people go off on tangents for a reason — deliberately and with intent — as when you want to divert the focus of the narrative away from the main point, precisely because the main point is not a very strong one to begin with.

In a Federal Disability Retirement case, this can happen on both sides — from OPM’s side, going off on a tangent can mean that they do not want to focus upon the medical reports and records, but instead want to deny you based upon tangential issues of performance ratings, conducts issues, accommodation offers, etc., as opposed to focusing upon the main point of a Federal Disability Retirement application: Your medical conditions.  Or, from the perspective of the applicant — the Federal or Postal employee filing for Federal Disability Retirement benefits — of irrelevant background, or on issues which may actually weaken and harm a case.

Contact an OPM Lawyer who specializes in Federal Disability Retirement Law and make sure that you remain focused on the centrality of the multi-faceted issues presented in a Federal Disability Retirement case, and not on irrelevant issues by going off on a tangent.

Sincerely,

Robert R. McGill
Lawyer specializing exclusively on Federal Disability Retirement Law

 

Federal & Postal Disability Retirement: Saying Something

The phrase can mean many things, depending upon the context within which it is being used.  Perhaps a person inadvertently says something profound or useful; someone else, within earshot, might comment that what that person said “is saying something” — meaning thereby that something unique and substantive had been expressed.  Or, perhaps there is a heartfelt exchange between two young people, and a silence suddenly looms over the conversation; perhaps it is an embarrassing moment, or a critical juncture in the conversation where something needs to be said — a commitment, perhaps, or an assurance, and one of them says to the other emphatically, “Say something!

It is, in the end, the “something” which is the operative word in the phrase, is it not?  The “saying” of it matters, but it is the “something” which makes or breaks the saying of it.  It often parallels the other phrase — “Do something” — where, similarly, the “something” matters greatly, but it is the “doing” of that something that people entreat each other about.

For Federal employees and U.S. Postal Service workers who are beset with a medical condition that requires the proper preparation, formulation and filing of an effective Federal Disability Retirement application under FERS, always remember that “how” something is “said” — as in a medical report or in the Applicant’s Statement of Disability (SF 3112A) is just as important as the “doing” of it — i.e., of filing the Federal Disability Retirement application.  The “something” that is said on SF 3112A must be substantive, concise and clear, and not just a bunch of “nothings” that may disappoint someone in a lover’s quarrel.

Consult with an attorney who specializes in Federal Disability Retirement Law in order to make sure that the “something” that is being said will make a difference.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

 

FERS Disability Retirement Benefits: Perspective

Some would argue that it is the basis of everything; that, how we view life, the world around us, the predilections we bring to the table, etc. — it “colors” how we approach and, ultimately, how we live our lives.

At the foundational level, it brings to the fore the question, “Is the cup half full, or half empty”?  Do we wake up and face the world with a smile, or with a frown?  How do we approach problem-solving: As a challenge, or as a groaning addition to that list of difficulties we must face?  How much childhood and upbringing has as an influence upon one’s perspective is arguable; or of the age-old question, Is it Nature or Nurture?

We all have good and bad days, but it is the long-term perspective which matters most.  We live lives constantly harried and seemingly without purposeful intent; from one crisis to another, and just to maintain our standard of living or keep our heads above water, afloat upon a sea of troubled waters.  Through it all, it is our perspective which ultimately soothes and guides, like the sails which catch the westerly winds and allows for smooth sailing even during those times when the heat of the day may seem like an unbearable period of directionless ineptitude.

Keeping a positive perspective is difficult in a life filled with difficulties, and 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 job, the future may sometimes appear bleak and eternally negative.  Who was the wise person who stated, “If you don’t like the weather, wait a while. It’ll change”?

Consult with an experienced attorney about filing for Federal Disability Retirement benefits under FERS; while getting a Federal Disability Retirement annuity may not change your life, it may alter your perspective such that the future may shine with a glimmer of hope.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement for FERS Employees: Envy

It is tantamount to jealousy; perhaps its neighbor, cousin, sister or husband; and both reside in the shadows of unuttered emotions, festering by maintaining an outward appearance of calm and implacable smiles while all the while eating away beneath the surface.  It can be applied as either a noun or a verb; but in either grammatical form, it retains the character of an ugly relational cauldron of discontent.

Perhaps it is directed towards possessions; or of someone else’s good luck, greater popularity or ease of living.  The questions which sprout from envy are many and varied: Why me and not the other person?  Why does X have it better than I do?  Why does everyone think that Y is so much better?

We are rarely satisfied with our lot in life, and this crazy universe promotes envy, jealousy, comparisons and disunity, for it is all about the “I” and the “Me” — it is not a community of shared interests, but the closest we know of Rousseau’s “State of Nature” where each is on his or her own and the battle is to destroy one another.

For Federal employees and U.S. Postal workers who suffer from a medical condition where that medical condition impacts your ability and capacity to perform all of the essential elements of your job,”envy” is often not towards someone else, but of a previous life, the prior person and the former self — for that time when health was taken for granted and the capacity to do everyday, “normal” things was never given a second thought.

Such envy is not the same as the envy felt towards others; for, it is neither ugly nor unutterable, but a natural yearning for something which once was and perhaps still could be.

Filing for Federal Disability Retirement benefits under FERS may not be the solution to solving that special sense of envy, but it at least allows for a foundational annuity such that you can focus your attention back to your health and begin the road towards regaining that sense of self where envy is not of what you once were, but of what you can still become.

Sincerely,

Robert R. McGill, Esquire