Tag Archives: fed government employee in trouble for excessing sick leave

Permanent Disability Retirement from Federal Employment: Time for a Change

Often, the mind lags behind the body.  The body may have been indicating to you the need for some time; but “time” and “change” are conceptual paradigms which require thought — the mechanism of the mind which listens to the body.  Or, if one is beset with a psychiatric condition, what often happens is that one part of the brain becomes ill and cannot quite communicate to the other part of the brain which prompts the decision-making process.

Whatever the problem, there comes a time for a moment of realization — that it is time for a change.

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 position, the time for a change is now.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement, and listen to your body — or the part of your mind which screams for that change — and make the first move in responding to the need: Time for a Change.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Federal Employees: What the Attorney Can Do

If attorneys were gods, they would work themselves out of business; but attorneys are not gods; therefore, there is much that an attorney can do.  Such a syllogism may be rather self-evident.  Attorneys are not gods; neither are they miracle workers.  Not every issue can be handled by, or resolved through, an attorney.

Sometimes, the lay person can do the work him/herself without an attorney.  At other times, the input of an attorney, however minimal, can be the difference between success or failure.

Here are some of the things a Federal Disability Attorney can do in a Federal Disability Retirement case: Focus and sharpen a case; cut out the irrelevancies; cite and apply the law; make the legal arguments which are current and applicable; streamline a case and make it clear and pointed; rebut an opponent’s argument by pointing out logical inconsistencies and mistaken applications of the law; provide a strategy and plan; give an objective account of one’s case.

There are many other aspects of any given case that a Federal Disability Retirement Attorney can be helpful with, but these generalities can provide you with a notion of what a good and effective attorney can do.

Contact an OPM Disability Retirement Attorney who specializes in Federal Disability Retirement Law and begin the process of putting together an effective Federal or Postal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Agency Support

In a Federal Disability Retirement application, part of the SF 3112 series of forms will have to be completed by your Federal Agency or the Postal Service — whether you are still working for the agency or not.  Primarily, SF 3112B (Supervisor’s Statement) and SF 3112D (Agency Certification of Reassignment and Accommodation Efforts) will be the two forms which the U.S. Office of Personnel Management will require as part of the Federal Disability Retirement packet.

Can “how” it is completed by your agency impact OPM’s decision on your case?  Of course.

Is it important to have the “support” of your agency or Postal Service?  To some extent.

Can lack of support — or even lying about some of the issues — be overcome?  Yes.

There are, of course, some things which you have no control over — such as individuals making false statement, agencies unwilling to cooperate, the Postal Service not responding, etc.  However, there are things which can be done to circumvent such lies, uncooperative non-responses, etc., and it is certainly advisable to have an OPM Disability Attorney guide you with the wisdom and knowledge of experience and prior encounters in order to give you the greatest possible chance in your quest to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Filing for Federal Disability Retirement: Yesterday’s Tomorrow

Yesterday’s tomorrow is today; tomorrow’s yesterday is also today; and whether you view today retrospectively or prospectively, it is the here and now that presents the opportunity for existential impact; for, the rest is purely a hypothetical construct which can be either projected or remembered, and whether as yesterday’s tomorrow or tomorrow’s yesterday, what we do today is what impacts upon today’s tomorrow and tomorrow’s day after.

Given that, it is best to try and take care of “business” today, and not let yesterday’s tomorrow and tomorrow’s yesterday become so burdensome as to persistently procrastinate as tomorrow’s problems, and the day after, and the day after that.

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 Federal or Postal job, the time to act is today.  Filing a Federal Disability Retirement application through FERS can be a long and arduous process, winding through a complex bureaucratic maze of statutes, laws, regulations and multiple administrative obstacles.

Contact a Federal Disability Retirement Lawyer today so that yesterday’s tomorrow and tomorrow’s yesterday do not get unnecessarily filled up with tomorrow’s procrastinated list of yesterday’s “things to do”.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney

Medical Retirement for Federal Workers: Higher and lesser standards

Does anyone ever go into something, engage an activity, begin a project or initiate a hobby thinking that a “lesser standard” would be acceptable?  Or, is the “higher standard” always the option preferred? — and if we fall somewhat short of the goal intended, isn’t it better to strive towards that height of vaunted “unreachable-ness” like the lesser angels who try and climb up the ladder to heaven but fall short because of the misgivings of sins committed or blemishes of imperfections left unchanged?

One can always argue, of course, that all standards are somewhat “arbitrary”, and perhaps they are to the extent that we can always “do better”, and the self-satisfaction of reaching the pinnacle of any standard set is merely to realize that there can always be another step to take, a further goalpost to conquer, and a next and higher challenge to face.  To begin with a lesser standard is to foretell defeat before a journey is begun; whereas, to demand an unreachable standard is to despair of an idealism that cannot be fathomed.  What, then, is the “proper” standard to set?

To set it too low is to achieve mere mediocrity; to preface a too-high-a-standard is to defeat one’s advocacy before efficacy can be tested.

We, none of us, want to begin a journey with a defeatist mentality, and it is the setting of a standard — however low or high — that often determines the success or failure of any endeavor.  It is only when we “know” that a self-set standard will never be reached, cannot be attained and will never be near to the heart of our wishes and desires, that then we realize the utter futility of our own efforts.

For Federal employees and U.S. Postal workers who have set a high standard in their careers and employment goals, it is a difficult road to take, both mentally and/or physically, to realize and come to the conclusion that one’s professional standards can no longer be met because of a medical condition that impedes, precludes and prevents the Federal or Postal employee from performing all of the essential elements of one’s Federal or Postal job.

No one ever sets out to reduce the standards of a life’s goal, but when outside forces such as a medical condition impact upon the standards set, the choice is to prepare, formulate and file 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.

Federal and Postal employees have always set high standards for their work ethic. Sometimes, however, it is not the higher standard that defeats, but the lesser standards of reality — such as a medical condition that comes about unexpectedly in life — that forces the necessary adjustments that remind us of our own mortality, imperfections and the gap between the higher standards we set and the truth of our own misgivings.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: By what measure?

Does a formula, a paradigm or a standard instill in us the direction we so desire?  How is it that we compare X to something, and is the contrast a necessary prerequisite to achieving and accomplishing, or is that some artificial, societal construct that we have manufactured in order to sell ourselves a “bill of goods”?

Yes, yes – Western Civilization (remember that middle-school subject taught under the general aegis of that title?) always begins with the philosophical precept of Aristotle’s, of “First Principles” and the “causes” of events and occurrences, but where is it stated that we must have a “measure” by which to compare and contrast?  By what measure do we apply ourselves, or is not the evolutionary will to survive and the genetic predisposition to propagate a sufficient factor in the drive to excel?  Like peacocks during mating season and robins that reveal a ferocity of savagery in the spring months, is there a measure by which we are deemed a success or failure, and by a standard where comparisons are made, conclusions are reached and judgments are rendered?

Rare is the solitary figure who abandons all implements of societal judgments and goes it alone without the condoning nod of an authority figure.  Lone wolves are figments of mythological fables; the rest of us follow the herd by the measure set by others in a society of gossipers and watchdogs set upon us without warning or consistency.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the standard of measure has always been some unstated and unfairly predetermined set of rules that are governed by a bunch of words we never agreed to – i.e., “productivity at the cost of health”; “loyalty to the mission of the Federal Agency without regard to medical conditions”; “repetitive work leading to stress injuries where proving causation is nigh impossible”, and other such silent statements of accord – but where the last bastion of hope often resides in 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.

All of these many years, the Federal or Postal worker has toiled under tremendous pressure by the measures set by the Federal agency or the U.S. Postal facility; fortunately, the standard by which OPM Disability Retirement benefits are granted is predetermined by statutory authority, and not by arbitrary fiat by a supervisor, manager or some other head of the department or agency by will of authority or changeable character of an individual.  Filing for Federal Disability Retirement benefits through OPM must follow certain eligibility guidelines and statutory confinements, as with most other set standards; but by what measure you may live your life after winning an OPM Disability Retirement annuity – that is set by you, the lone wolf.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits under FERS & CSRS: The Art of Living

The imperfect medical science and taking the option of Federal Disability Retirement

Art is the unleashing of a creative mind, unconcealed to flourish without constraints of physical laws; science, in contrast, must follow the dictates of an objective universe, attempting to understand that which is concealed, unrevealed, and within the mysterious imprint of hidden codes.

Whether medical science is that far removed from latter days of sorcerers and shamans, people can debate; it is, however, the success of modern science and medicine, which establishes credibility with the populace.  But while disciplines rise or fall based upon the pragmatic considerations of success of the last procedure performed, people must go on living — in the face of disciplines yet imperfect.

Bloodletting was believed for centuries to maintain the balance of a person: blood, phlegm, black bile and yellow bile, constituted the necessary elements, and when any single element dominated the others, releasing the over-accumulation required bleeding of the body to regain that equity of humors.  If, in any singular instance of bloodletting, the patient became well thereafter and recovered from the malady, the “success” of the bloodletting would only have reinforced the underlying foundational principle behind the physical act and medical belief.

Living a life is often more akin to bloodletting than to the cold halls of science; for it is within the subjective confines of perspectives which predetermine the actions we often engage.

For Federal and Postal employees who suffer from a medical condition, the years and decades of attempting to “get better” by seeking medical treatment result in an inescapable reality:   If the science of medicine had reached a pinnacle of perfection, filing for Federal Disability Retirement would not be necessary; for, perfection in medicine would equal a cure. But as science is not a perfect principle, and neither is the art of living, so the practical truth is that one must resort to a metaphorical engagement of bloodletting: something in life has to give, and the imbalance of humors of yore is often the stresses of modernity.

Federal Disability Retirement, offered to all Federal and Postal employees under FERS, CSRS or CSRS Offset, is not the perfect option, but it is a recognition that the humors of life are out of balance, and need some bloodletting.

Work is the element which has become “over-accumulated”, and that is why Federal Disability Retirement is like the placing of leeches upon the sickened body:  it may not be the best option, but where art of living is concerned, the balancing of humors is often preferable to the crumbling halls of an ivory tower once thought to hold the key to the mysteries of life’s misgivings.

Sincerely,

Robert R. McGill, Esquire