OPM Disability Retirement Lawyer: That Spare Tire

We rarely think about it; and it is somewhere “back there”, in the event of, in case, if it happens, as a contingency, as an insurance policy, for the rare occasion of a potential mishap.  But with the modern ingenuity of reinforced rubber with a manufacturing process of innerliner calendering, one rarely even sees a car on the side of the road with a lone figure attempting to locate the spare tire, with the car unevenly perched upon a device secured in a dimensionally precarious manner, to change that flat tire.

But it does happen, and even with all of the advances in technology which resists direct punctures and roadside hazards pounding away at the four (or more) elements which keep the vehicle running, the flat tire and the need for a spare requires the safety net to ensure that secure sense of a peaceful mind.

Like life insurance, fire and catastrophic umbrella policies, the spare tire will always remain, no matter any future inventions or guarantees of outdated necessity.  For Federal employees and U.S. Postal workers who are part of FERS, CSRS or CSRS Offset, Federal Disability Retirement is precisely that spare tire which provides a semblance of security if and when the need arises.

Most Federal and Postal employees continue their careers to the end, until the time of retirement, or a transference of talents and abilities to the private sector for more lucrative venues; but for that small percentage of Federal or Postal employees who find that, during the course of one’s career, a medical condition has interrupted one’s goals and prevents one from performing one or more of the essential elements of one’s positional duties, then preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a necessary contingency to trigger.

Suddenly, the benefit looms larger than ever, is more important than previously recognized, and becomes lauded as the lifesaver of the moment.  That is precisely what we do with the spare tire — we do not even think about it, nor are aware of its precise whereabouts (except that it is under the vehicle, in the trunk, or somewhere “back there”), but travel about with the peace of mind that, in the rare hypothetical event of “if”, it is there to be accessed, so that once the change is made, we are again well on our way down the road of life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Laws: Confirmation and Affirmation

The former is both a religious sacrament in Church doctrine, as well as a state of establishing that something is true or correct; the latter, an act or statement of support for that which was previously thought to be so.  Both imply a previous state of foreknowledge, or at least an indication of some prior existence of validity; it merely needed a further stamp of approval or attestation of verification.  And that is how most opinions are sought, aren’t they?  In our own minds, we already know the answer; the search for counsel is not for new revelation, but merely a confirmation of that which we know, and the affirmation of what is needed to be done.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts the capacity and ability of being able to perform the essential elements of one’s positional duties, the recognition for the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is determined far in advance of any phone call to an attorney for guidance and counsel.

The search for “advice”, as the term is loosely presented, is often to merely confirm that which is already known, and to affirm the process which has already been discovered.  For, the medical condition itself already tells the Federal or Postal employee of the necessity of filing for Federal Disability Retirement benefits through OPM, and the agency’s unfriendly and often hostile response has established the harbinger of one’s future.

Like secrets between nations and skeletons in one’s proverbial closet, the preparation, formulation and filing of Federal Disability Retirement benefits through OPM is somewhat of a formality; it was known already for quite some time, but the Federal and Postal employee just needed to confirm and affirm the inevitability of necessity already revealed, but wanting of declaration.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from the U.S. Office of Personnel Management: Continuity of Care

Most things in life require a continuity of care.  Yes, projects will often have an inception date, and termination point where, once completed, no further maintenance of effort is required.  But other concerns require further and elaborative engagements beyond the linear horizon of attendance, including:  teeth, dogs, children, marriages, and Federal Disability Retirement benefits.

When a Federal employee or U.S. Postal worker obtains that vaunted and desirable letter of Approval from the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the tendency is to think that one may then fade into the proverbial sunset, ever to receive a Federal Disability Retirement annuity and focus upon one’s health, medical conditions and the medical care required.

But then there comes additional contacts from OPM — perhaps not for a few years; perhaps not for a decade.  But the potentiality of the contact is there, and one must lay down the framework of preparatory care in order to respond appropriately.  If not, what will happen is this:  A fairly innocuous request for employment information can result in a termination of the disability annuity, based upon a “finding” that you have been deemed medically recovered.

That “Final Notice” from the Office of Personnel Management does, fortunately, allow for Reconsideration rights, as well as further rights of appeal to the U.S. Merit Systems Protection Board.  Additionally, there is a proper methodology for responding to OPM, to enhance and greatly ensure the continuation of one’s Federal OPM Disability Retirement benefits.

Wrong steps can lead to negative results; unresponsive panic without proper legal argumentation can have the unwanted consequences of an unnecessary loss of one’s Federal Disability Retirement annuity.  The best approach is always to respond with the legal armaments and arsenal one is provided with, and to maintain a continuity of care for preserving one’s Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Of Monsters and Magicians

Childhood is characterized both by fraughts and fantasies; of imagined universes filled with the realities of the unknown, tempered by admonishments balanced by a world of adults who reassure, mixed with warnings and counsel of what could be. This is a complex, complicated world; to maneuver throughout it all is to first survive successfully the caricature as depicted in one’s imagination, and to match that against the objective world replete with dangers beyond mere bumps in the night.

Monsters are creations of fictive activities, and the child is told they are make-believe; yet, at the same time and almost in the same breath, warnings ensue about the world of bad people who may offer candy and toys to lure the unwary; and of magicians, what can we say? With computer-generated imagery complete with trolls and tyrannosauruses, where cuts evoke merely a wince and levitation occurs by mere whim of fancy, can the mermaid with golden braids be far behind?

To “grow up” is to leave behind both monsters and mermaids; but what we are often left untold, is that while the linguistic designations may change, the reality of the harshness of the world beyond the mountains filled with trolls and ogres, still remains filled with adversity, evil, harm and harrowing harbingers of hopeless encounters.

Medical conditions are real. Whether spoken of as monsters within, it may provide for a more simplistic paradigm of understanding, but is just as effective as viruses, virulent infections and bacteriological encounters.  Or of trolls and ogres?  Do we not know of Supervisors and Managers who put on masks of societal acceptance when others are around, but show their fangs and claws of flea-bitten gnarls when alone with you?

Federal and Postal workers who must confront a medical condition, where the medical condition prevents one from performing one or more of the essential elements of one’s job, encounter by necessity of circumstances a world once left behind in childhood dreams; but the reality of the situation, however designated and whichever way described, often reveals a universe of unreal reality just as trolls and mermaids are; but it is still a battle which must be fought, fraught with monsters and millipedes of myriapodous anthropods crawling in the night.

Federal Disability Retirement benefits, filed through one’s own agency but ultimately with the U.S. Office of Personnel Management, is an avenue revealed through necessity, of reaching a plateau of existence in order to rehabilitate one’s self from the world of adversity. The benefit is available for Federal and Postal workers who have the minimum time in-service requirements within the Federal Sector.  It is a benefit which must be fought for, proven, and protected, just as Sir Galahad did as the brave son of Lancelot.

Whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS-Offset, the world of medical conditions and debilitating diagnoses can only be successfully countered by securing a semblance of a present need, as well as a future hope for continuation in order to rehabilitate the devastating effects of the medical condition.  It is similar to the battle in childhood, only more real than the reality of monsters and magicians.

Sincerely,

Robert R. McGill, Esquire