Tag Archives: elements of medical inability to perform your federal job

FERS Medical Disability Retirement: Ostensibly

It is a funny word, in many respects; for, it presumes and assumes what may not actually be the case.  The word, “Ostensibly”, is used to describe that which is apparently so, or purportedly assumed, but may not actually be so.

Thus, one might say of an individual who is wearing clothes appearing to suggest that he or she works in a blue-collar job, and perhaps wears a tool-belt which suggests and confirms him/her to be such, that “he is ostensibly a carpenter”.  How does the adverb qualify the noun?   Because we don’t actually know, do we?

By his appearance and the fact that the individual carries around a tool belt which contains, perhaps, a saw, a hammer, a nail gun and other pertinent and revealing instruments indicating what a carpenter would require, we make an assumption that he is “ostensibly” a carpenter.

Now, it would be strange if you were to ask the individual what his profession was, and he confirmed that yes, he was a carpenter, then to state to a friend later on that “Joe is ostensibly a carpenter”, because if you have confirmed that the person “Joe” in reality is a carpenter and there is no longer an assumption, then to apply the word “ostensibly” would be rather odd — unless, of course, you thought that he was lying and that he only wore the tool belt to fool you, or was a half-wit who was engaging in “make believe” that he was a carpenter, etc.

In other contexts, the term “ostensibly” often applies, as well — as when the U.S. Office of Personnel Management denies a Federal Disability Retirement case and makes a multitude of arguments which, in the end, implies that you are merely “ostensibly” disabled (although they will never use the word itself).

For, what OPM is saying in a Federal Disability Retirement case under FERS in denying the Federal employee’s application for Federal or Postal Disability Retirement benefits, is that while you may allege to be disabled or unable to perform one or more of the essential elements of your job, you are actually not disabled.

If that happens, you will need to contact a disability attorney who specializes in Federal Disability Retirement Law; for, you will need more than an attorney who “ostensibly” does Federal Disability Retirement Law — rather, one who is, in reality and in fact, an attorney who specializes in it.

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.

 

Federal Employee Medical Disability Retirement: The Award of Not

People today receive accolades for all sorts of things — including, just for being “normal”.  The “Father of the Year” award is given to an individual for just doing what he is supposed to be doing.  A return of a lost item of personal value, or a wallet found in the parking lot — we are all amazed at such honesty.  The term “hero” is bandied about loosely, and applies to everyone and anyone who does what he or she is supposed to be doing.

The ordinary has become the extraordinary, and the negation of a negative is seen as a positive (of course, we all did learn in fundamental mathematics that two negatives = a positive, so to that extent, it is correct).

Performance reviews, too, are given high ratings, even when a Federal or Postal employee is barely making it.  In a Federal Disability Retirement case, this is often argued by the U.S. Office of Personnel Management as a negative when applying for Federal Disability Retirement benefits.  Here, the Award of Not can be a detriment.

How to counter it?  By establishing the medical incompatibility between one’s medical condition and the essential elements of one’s Federal or Postal position.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and learn how the Award of Not can be accepted without being made out to be a hero one is not.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Internal Order, External Chaos

Whether the cult of Marie Kondo will last beyond a faddish response and 15 minutes of fame, only time will tell.

Japanese minimalism lends itself to making order out of chaos by discarding unnecessary clutter in one’s life.  The key word here is, of course, “unnecessary”, and how we categorized which items in our homes and offices to keep, and to what extent external chaos impacts one’s internal sense of order in this universe.

Does organizing everything in one’s home and office lead to greater internal calm and peace?  Does a person who has an overstuffed bookshelf — with books “arranged” in every which way upon a shelf, with no apparent order in the categorization of titles possessed — reflect a manner of internal chaos?

Conversely, does a person who appears to posses a sense of internal peace and order necessarily have a home and office which reflects that apparent order and peace?  Does the interior world of a person necessarily indicate the exterior state of one’s life?

For Federal employees and U.S. Postal workers who suffer from a medical condition that impacts his or her ability and capacity to continue in the Federal or Postal career of choice, the chaos of a medical condition — whether of an “external”, physical condition or of an “internal” psychiatric break down — should lead to a consideration in filing for Federal Disability Retirement benefits under FERS.

Consult with a Federal Disability Lawyer who specializes in FERS Disability Retirement Law, and consider whether or not the order of the day through proper representation by legal counsel might be the best course of action for both internal order as well as external competence in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The facade of happiness

There are weather-related “fronts” — of “cold fronts” and “warm fronts” bringing in the freshness of change, a sudden modulation of temperature and a gust of windy hollows echoing through valleys and down into the chill of our bones.  They change the temperature of the air around us, and often moods are impacted as well.

Then, there are also “fronts” of human characteristics — of “putting on a brave front”; of making a “frontal assault”; and of these latter, we realize that there is always something behind, like the wizard concealed by the curtain undrawn.  We all of us put on “fronts” — and like the weather fronts that fool us at first that Spring may be nigh or Winter’s discontent may be around the corner, the “brave” front may be just a put-on, just like the “frontal assault” is likely a ruse to deploy one’s forces all at once to meet the enemy head on.

Of all the fronts, it is the facade of happiness that fools the most, even one’s self, into thinking that contentment is the amassing of objects surrounding, careers advancing and problems left avoiding.  The facade of happiness works well for a season, so long as the fool who buys the bridge of smiles never lifts the veil an inch to peer into the darkness of a soul in anguish.  Happiness is a fleeting state of existence; here for a moment today, it vanishes like the spirits of yesterday’s underworld where gods were chosen to wander the earth in ashen looks of greying days.

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 facade of happiness has likely been an essential tool for survival in this past year, if not longer.

It allows for the Federal or Postal worker to put on a “brave front”, to fool the others for a time — somewhat like the cold front that descends upon the south in the middle of summer to remind one that change is in the air, or the “architectural front” that gives an old building a facelift and draws people inward as an inviting new asset.

But don’t be fooled; for the facade of happiness can never hide for long the suffering beneath, and for the Federal or Postal worker, preparing a 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, is often the first real step towards an abiding and real happiness, as opposed to the fake smile that conceals beneath the facade of happiness.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: The spare

It is a peculiar word when left alone, for it often is used with an accompaniment, as in “a spare tire”, “With room to spare”, or even, “Do you have any spare change?” queried the panhandler to the passerby.  It is a word which either describes a certain set of circumstances or of a person’s demeanor, characteristic or even of physical features, as in: “He had a spare bedroom”; “He was a spare, bald-headed man”; or how about: “He was spent and had no energy to spare”?

But to make it into the central character, as in the title above — “The spare” — makes it suddenly rather peculiar, for it is meant to always be the character actor, the word that “adds onto other words” and the unique little offshoot that never takes center stage.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to impact the Federal or Postal employee’s ability and capacity to continue in the chosen career of one’s life, the word retains multiple relevant applications, whether standing alone or in accompaniment with other words.

For the Federal employee or Postal worker who no longer has any spare energy left at the end of the day; when one must be careful in using sparingly any accrued Sick Leave or Annual Leave; when time can no longer be spared beyond doctor’s appointments and attending to work, family obligations and the spare time no longer forthcoming; and where that spare reserve of energy is now devoid and profound fatigue has set in, it becomes time to consider preparing, formulating and filing for Federal Disability Retirement, because any spare time, effort or energy has now become a deficit to be reckoned with, where the spare of anything and everything must be focused upon that which can never be spared: One’s health.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The implication of ‘finding happiness’

Human beings live in a duality of universes; within the linear historicity of an objective world, daily unfolding with encounters with physical objects and other beings, comprised of interactions both superficial and intimate, combined with utilization of inanimate constructs for daily living; then, there is the insular universe of a parallel phenomena, where we are subsumed by a conceptual menagerie of language, numbers, extrapolated forms of ideas and strings of thought processes; and how we coordinate and intersect the two determines the success or failure of who we are, how we thrive and to what teleological end we pursue.

The words which we use often define who we are, as well as what motivates and moves us into action or inertia of mindless behavior as science fiction describes the modernity of automatons.  In the animal, non-human kingdom, survival and the pursuit of food sources dominates to satiate the basic tendencies of the appetitive aspects of existence.  ‘Happiness‘, as a defined principle, equates to a full stomach at the most foundational of sources.

For humans, we tend to make complex of the simple, and turn an evolutionary basis into a conceptual conundrum.  Thus do we add the prefatory vacuity of ‘finding’ and attach it to the root of existence — ‘happiness‘.  Such a concept implies that there existed a time before when something was lost, never attained, or otherwise left unsatisfied.  As a result, a ‘search’ is undertaken, a lost civilization reenacted, a missing person found and a stray dog reunited with its owner.  But that life were so simple as to merely search for the confounding link to fulfillment, as if the effort merely consists in the remembrance of the location of the misplaced watch by tracing the steps previously taken but somehow forgotten during the slumber of exhaustive nights.

Is life too complex to behold?  Do the accoutrements of cultural rot pile upon us daily, such that the simple root of conceptual simplicity remains beyond the reach of most of us?

Happiness as a principle should always remain as a byproduct of the life one leads.

For Federal employees and U.S. Postal workers who suffer from a meandering pool of daily suffering, resulting from a medical condition which prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Postal or Federal positional duties, the issue of ‘happiness’ is often quite simple:  freedom from the medical condition and stability of purpose for the future.

The former may never be quite achieved, as it is determined by factors so complex as to encompass body, soul and emotional health; but as to the latter, 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, is at least a step in the proverbial right direction.  For, in the end, the insularly devoid conceptual construct of ‘finding happiness’ must be determined by the angel’s residue of sprinkled gold dust, left to sparkle with infinite radiance as we venture forth into worlds unconquered and visions yet unseen.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employment Medical Separation & Retirement: Putting forth an air of pretension

Why is it that changing one’s vernacular accent is considered pretentious?  What if people, on a daily basis, came into the office and assumed a different dialect — the Northerner with a sudden affectation of a Southern drawl; a Midwesterner assuming the melody of the Irish; or the New Englander presuming upon a Jamaican tango; and the next day, in random turns, everyone played musical chairs with the spoken word and its vehicle of communication — why would we be critical of such a display of linguistic malleability?  The phonetics of pretension remain predictably unacceptable; somehow, we know that a certain “putting on” of an accent is either bad or less than genuine.

Take the hypothetical one step further:  Say that the world went mad (this part of it is hardly difficult to fathom) and everyone around went about taking on a different accent, and there was one particularly annoying person (you pick the gender) who everyone thought was being overly “pretentious” by speaking in a melodious gaelic accent.  “Oh, he thinks he is so good at it!”  “She sounds so fake and insincere!”  But let’s take it a step further:  Assume that everyone agreed that the person was so terrible that we all demanded that he/she cease the phonetic banality, until it turns out that she is actually a native of Galloway from southern Scotland, and that the alleged pretension was truly genuine.  Would the accent still be a “bad” accent?  Is there such a thing as a bad but genuine accent, or does the “badness” inure to the pretension of insincerity?

Now, take the Federal or Postal worker who has a medical condition or is injured, and comes into the office or the facility daily, and hides — as best he or she can — the medical condition, but suffers by way of less productivity and inability to fulfill all of the essential elements of the position; is that Federal or Postal employee being “pretentious”?  And when the Supervisor or Manager of the Federal Agency or the U.S. Postal Service discovers the medical condition and begins the inevitable campaign of harassment, intimidation and PIP preparations, do the others come to his or her defense, or scurry away like rats on a sinking ship?

Federal employees and U.S. Postal workers who suffer from a medical condition, of course, have the option of 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.  In the end, there is never a “bad accent” when the origin of phonetic uniqueness is genuine and sincere; just as it is never a negative reflection upon a Federal or Postal employee who files for Federal Disability Retirement benefits through OPM when there is a medical condition which prevents the Federal employee or U.S. Postal worker from performing one or more of the essential elements of one’s positional duties.

Both are valid and viable “life” choices that must be considered.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Benefits: Book Review

Generally, this blog does not review books; however, exceptional works may prompt exceptions to the general order of things, where relevance of subject and beauty of personality may coalesce to consider a slight change of venue.  The work itself will neither become a masterpiece nor a conversation focus beyond a generation or two, as the world it describes is quickly fading into the sunset of eccentricity and scarcity of understanding.

Tim Sultan’s book (and from the jacket cover, it appears to be his first one at that), Sunny’s Nights, is a mixture of reportage, love of character and annotation of provincial myth.  It somewhat follows a format of modern trends in such novels: alternating upon a spectrum of the microcosm of life (Sunny’s, the extended family, and the author’s own) to wider philosophical insights (history of the neighborhood, cultural changes from the turn of the last century into the 20th and to modernity) portending of the macro-impact of a lost and fading relevance; but it is the author’s love of the main character (Sunny), the loss of humanity (through shared anonymity of a genuine speakeasy) and the wit, humor and sharing of stories, which makes for a work beyond an ordinary read.

The author is quite obviously a good listener (to the multiple tales of life and love as told by Sunny); his love of words reflects the warmth of camaraderie he feels for his characters; and his own insertion as a participating protagonist never detracts from the trilogy of subjects:  the place (the bar which is discovered in the outer periphery of societal acceptance, where the characters meet and enjoy the company of each other); the people (Sunny, his heritage, and the people who gather at the bar); and the growing loss of community with the encroachment of technology and cultural upheaval.

It has all of the ingredients for the making of a quiet work of art, as it reveals the best of any great story — a main character of complex fortitude.  For, in the end, every book worth reading should provide for an understanding of complexity, human failure and microcosm of achievement, and not necessarily in that order.

Tim Sultan’s work, Sunny’s Nights, is an enjoyable read at worst, and at best, a recognition that in the end, life fails to mean much unless one listens carefully and plods along searching for the company of community.  And, in the end, isn’t that the same for Federal employees and U.S. Postal workers who seek an alternate venue when a medical condition arises and the Federal or Postal employee must 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?

When the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties, the loss of a similar trilogy occurs:  the place (one’s position with the Federal agency or the U.S. Postal Service); the people (coworkers and friends developed over the many years through work and community of contact); and the upheaval from the changes prompted from one’s medical condition and the inability to continue in the career of choice.

Not everything in life is limited in relevance or meaning by the circumstances of one’s present condition, and for the Federal or Postal worker who is considering filing for Federal Disability Retirement benefits through OPM, taking a moment to read Tim Sultan’s book, Sunny’s Nights, may allow for a momentary time of distraction from the daily agony of a progressively deteriorating medical condition, and to help focus in the preparation of an effective Federal OPM Disability Retirement application and the challenges the Federal or Postal worker must face in the days ahead.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal & Postal Employees: Fear Untethered

It is of evolutionary advantage for a healthy dose to allow; what amount, whether it can be quantified, and to what extent instinct should be restrained before intersecting rage and reactive violence meet, is a question, a puzzle and a conundrum.  An animal in fear is both broken and dangerous, and the corollary of the two sides of a singular coin reveals the thin line between innate survival instincts which we attempt to linguistically describe, but are at a disadvantage precisely because words are ultimately inadequate in reflecting reality.

Tethering our fears is a lifelong process for everyone; the balance between healthy bridling and repressive dangers where outlets are disallowed but when expression of ignored or unattended trauma may erupt in later discourses of life and leniency of self, validates the delicacy of our sensitive natures.  To be overbearing or detachedly impervious; to allow for expression beyond therapeutic value, or to blithely shut down all channels of thought and numbing emotions of eruptive tremblings of sobbing heaves; the tightrope of life leaves little room for error on either side of the equation.

We often speak in terms of “how much” and “what amount”, as if human frailty can be mixed in a crockpot of ingredients thrown by whim of recipe; a dash of solvent emotion here, a teaspoon of corrective stoicism over here.  The reality of the situation is that fear rules most of us; we just never allow the untethering of it to be revealed too soon, for greater fear of being found out, like the emperor whose clothes we knew to not exist, but were too cowardly to admit, until the boldness of a child took the lead in shattering the facade of our own making.

For Federal employees and U.S. Postal workers, the emotion of fear is a known quantity.  Little fiefdoms and feudal fares of power plays occur as daily soap operas unraveling despite the bureaucracy of rules, regulations and administrative forces of containment.

Then, when the Federal or Postal employee begins to suffer from a medical condition, such that the medical condition begins to threaten and impact the Federal or Postal employee’s ability or capacity to perform all of the essential elements of the Federal or Postal positional duties, the fears which were once effectively tethered begin to uncoil, as future uncertainty and suspicion of motives in the unexplained actions of others and the agency whispers begin to foment those recesses of evolutionary cries for survival and rage.

Medical conditions tend to do that:  they feed upon themselves, and exponentially magnify and exacerbate those very fears we were previously able to restrain, contain and maintain.  It is important in the time of fear and untethering of emotions, to seek wise counsel and obtain some direction in preparing, formulating and filing for an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, in the end, fear untethered is like the pinnacle of the forgotten nightmare, when the abyss of sweat and trembling reaches a climax of unknown proportions, and when screams are no longer heard, pleas no longer considered, and the grace of angels flying beyond into the netherworld of residues where the golden dust of forgiveness is sprinkled afar.

Sincerely,

Robert R. McGill, Esquire