Tag Archives: federal agency policy and procedures on light duty denied

OPM Medical Retirement: Intransigence of Thought

It is when you cannot move forward, or perhaps will not; and where paralysis becomes a habit of living.  Old people often fall into that trap, where laziness is misinterpreted for conviction or when we rely upon the rightness of something merely because “that is the way it has always been done,” or by waving one’s hand and saying, “That is the old way of doing things.”

Leo Strauss was a philosopher who never accepted the truth of a proposition merely because something was accepted from ancient times.  Intransigence of thought, of course, can be caused by mere arrogance; often, from stupidity coupled with ignorance; and more than a few times, from sheer laziness.  But paralysis of thought and the intransigence of thought (which amount to the same thing) can lead to stagnation and lack of progress.

For Federal employees and U.S. Postal workers who suffer from a disabling medical condition and remain in a state of intransigence, it is often the case that the medical condition itself can result in the intransigence of thought.  Moving “beyond”, or even just moving forward, by small and incremental steps, can break you out of that state of intransigence.

Contact a FERS Medical Attorney who specializes in Federal Disability Retirement Law, and begin the process of getting beyond your paralysis by having a competent attorney represent you in preparing, formulating and filing an effective Federal Disability Retirement application under the Federal Employees Retirement System (FERS), through the U.S. Office of Personnel Management.

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 Disability Attorney Help: Loss

The metaphors are replete; the stories of human suffering, of the chasm which develops in one’s “heart”; of the emptiness driven by it; “loss” is the sudden absence of that — or of whom — we took the existence once for granted.  Perhaps it can be an object; or even a place; of a home or town now destroyed and no longer the same.

Displacement can be a form of loss, and indeed, one which can result in misery, disorientation and alienation.  Loss of a friend; of a family member; of years of taking it for granted that existence will continue today as it did yesterday, and the day before.  The irony is that the absence of that very existence is the thing which reminds one of the former presence.  Suddenly, you recall the pervasiveness of that former existence — “She used to always do X” or “He was always right over there”, etc.

Does time buffer the severity of present loss?  Do the memories fade, the daily routines change and adapt to the sudden non-existence such that, over a period of months and years, such absence which is noticeable currently will dissipate with fading memories and getting used to that absence which was so profoundly pronounced?

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, “loss” is a familiar concept: For, to begin with, the loss of one’s health is a profound recognition of an absence of one’s former self; further, the realization that Federal OPM Disability Retirement is a necessary next step is to seek a replacement for the loss of one’s career.

All of those many years, the “job” was a central activity — meaningful, significant, relevant — then, preparing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management under FERS is the next step towards embracing the non-existence of that former self.  The positive side of things, however, is that such a loss can be replaced by a future which prioritizes your health, and where the presence of a better tomorrow can fill that emptiness of yesterday’s loss.

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.

 

OPM Disability Retirement: The Unshared Responsibility

It is an oxymoron of sorts: For, by the very definition of each of the two words, the opposite should necessarily be implied.  Responsibilities, by their very nature, especially in the context of a village, a society, or a nation, are shared by all; and thus to declare the existence of an “unshared responsibility” — when responsibilities by their very nature require a shared nature — is a form of self-contradiction.  Failure to share the responsibility that is ours to engage is common where society no longer knows its own neighbors.

That is the essence of a disappearing village — where we know longer know each other, remain detached and merely retain the outer facade of being a society with common interests.  Do you know your next door neighbor?  Do you even care to?  Yet, we have thousands of “friends” on Facebook, but barely know, or care, about the person living just across the street.

The Office is no different.  One day a coworker files for Federal Disability Retirement benefits and we are “surprised”.  We didn’t know that the person even had a medical condition.  The Supervisor didn’t know.  The Human Resource Office didn’t care to know.  No one at the agency cared to know.  That is often the reality, unfortunately, and the greater — sadder — reality is that those who should have known didn’t care to take the time to know.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, and where confidentiality of the process is critical because of the unshared responsibility of the Federal Agency or the U.S. Postal Service, consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law, lest the unshared responsibility of confidential matters may potential leak to the uninterested ear that awaits hungrily for the gossip of unspoken mouths.

Sincerely,

Robert R. McGill, Esquire

 

Injured Federal & Postal Employees: “What should I be doing?”

It is a query that applies to so many aspects of a successful life; of an endeavor or a pursuit; of preparing the steps in order to attain a level of perfection.  Curiosity and the desire to improve are the ingredients of success; the lack of either or both will often leave one behind as others progress.

The runner who wants to shave off a fraction of a second; the “expert” in a given field who desires to comprehend the next level of complexity; the business owner who strives to avoid the fickle nature of a purchasing public in order to expand; they all begin with the question, “What should I be doing?”

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 question concerning preparing an effective Federal Employee OPM Disability Retirement application may have already entered into the fray.

The question following when that arrival point comes near is: “What should I be doing?”  The answer: Consult with an Attorney who specializes in Federal Disability Retirement Law.  For, in the end, that very question will lead to building the proper foundation for a successful outcome in preparing, formulating and filing an effective Federal Disability Retirement application, and it is those preparatory steps which will often make all the difference between success or failure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Certainty of Defeat

There is nothing more demoralizing than to “know” the certainty of defeat.  But that is the crux of the matter, isn’t it?  How does one “know”?  Certainly, one can balance the odds for and against; to take into account the factors which determine a statistical chance of success or failure; but does one ever have “certainty” in anything, or is it often merely a perspective of the glass being half full, or half empty?

Where the odds are overwhelming and objectively insurmountable: a 100-to-1 advantage that the opposing force has; a predetermined outcome that cannot be reversed; in such circumstances, then, what hope is there?  For, the only counterbalance to “certainty” is the glimmer of hope for some unforeseen “X-factor” that somehow saves the day.  On the other hand, it is the determination of “certainty” which extinguishes any flicker or flame of hope.

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 often the sense of an inevitability — a “certainty of defeat” — where the medical condition reveals a progressive march towards greater deterioration.

The counterbalance of hope is in the benefit of Federal Disability Retirement.  Yet, even that benefit — of a Federal Disability Retirement annuity — is not a certainty; it is, instead, a benefit which must be fought for.  The Agency which oversees the approvals and denials of a Federal Disability Retirement application — the U.S. Office of Personnel Management — does everything to try and find reasons to deny, deny, deny.

Does this mean that every application will face the certainty of defeat?  No — but it must be carefully prepared and effectively pursued.  To provide the greater counterbalance against the certainty of defeat, consult with an attorney who specializes in Federal Disability Retirement; for, as hope is the countermeasure to the certainty of defeat, so the lawyer is the one who can provide an objective perspective as to the potentiality for success.

Sincerely,

Robert R. McGill, Esquire

 

Early FERS Medical Retirement: Inside Life & Outside Appearance

Each of us lives an insular life.  It is that “private” side of us which remains so at our option.

How much of it is allowed into the public arena, and to whom we may share with, those are dependent upon multiple factors — of desiring to; of releasing information about ourselves that may allow for one to become “vulnerable”; of secretive lies; of shameful pasts; of thoughts that may be considered imprudent or childish; of foolish past exploits that may embarrass; of actions committed that were long forgotten by everyone but the self; and many more besides.

Then, of course, there is the “Outside appearance” — the person who is a compendium and pieced-together puzzle.  That “person” is comprised of many facets: By those who “know” you at the office, but perhaps in a restricted, limited way; by neighbors and acquaintances; by closer family members; by people who may have only come in contact by telephone or the internet, etc.

How much of the Inside life and the Outside appearance overlap may be best illustrated by a Venn diagram — or by a multitude of concentric circles, depending upon who is asked about a particular person.  Some scrupulously guard the inside life; others, like an open book left unguarded and unmarked, allow for the two parallel streams to mix and mingle without thoughts of restricting access.

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 position, the concept of the “Inside life” and the “Outside appearance” is important to consider when entertaining the idea of filing for Federal Disability Retirement benefits.

For, while the Federal or Postal employee may be suffering from a medical condition, how much of that “Inside life” has impacted the “Outside appearance” — i.e., the medical condition’s impact upon one’s performance, conduct or attendance — will be questioned by the U.S. Office of Personnel Management in determining the merits of the case.

It is, in a FERS Disability Retirement case, the “Outside appearance” that will be determinative, so that no matter the extent of pain or anguish experienced by the “Inside Life”, it is the “Outside appearance” which will be the facet of evaluative validity.

Sincerely,

Robert R. McGill, Esquire