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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
    • Agency’s and/or Supervisor’s Actions (44)
    • Application, Appeals, and Other Medical Documentation Submitted To the OPM (44)
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    • Reasonable Medical Treatment and Compliance Issues (6)
    • Reflections of an OPM Disability Retirement Lawyer (2,081)
    • Resigning or Being Separated From a Federal Agency for Medical Problems or Other Reasons (34)
    • SF 3112 Forms (11)
    • Specific Medical Conditions (29)
    • The Job of a Federal Disability Attorney (80)
    • Theory and Practice: Tips and Strategies for a Successful Application (204)
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    • When the OPM Application Is Approved (14)
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Federal Employees Retirement System (FERS) disability Retirement: In Captured Time

Posted on April 27, 2021 by OPM Disability Retirement Lawyer

It can be a photograph — of a time frozen.  In our imagination, whenever we come upon the same photograph, the mind’s eye begins to immediately re-live that moment captured, and provides the context, the vestigial events surrounding that frozen tundra of an otherwise stoic moment.

If it is an image which has no relationship with you — perhaps seen at a neighbor’s house or a friend’s apartment — then the moment in captured time remains just what it represents: an event, a moment, a picture of people as they are, represented by the photograph in captured time.

Of course, you can still put your imagination to work and try and realize what had occurred, when it was taken, who took the photograph, and perhaps even contextualize the image by combining your own memories with a creative insertion of projected impositions upon that tundra of timelessness — but in the end, it would all be “make believe”.

In life, captured time is also one of immobility and paralysis.  Medical conditions also bring us in captured time by refusing to allow us to move forward.  Regression is an element in captured time when medical conditions become chronic.

For Federal employees and U.S. Postal workers who want to move their lives forward and beyond the moment in captured time, contact a Disability Retirement Lawyer who specializes in OPM Federal Disability Retirement Law, and begin the process of moving outside of captured time, and into greater moments of life and living, where the frozen tundra of remaining in captured time is replaced with the warmth of living beyond the lifeless inertia of a photograph unrelated.

Sincerely,

Robert R. McGill, Lawyer

 

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Federal Employee Disability Information: Future anticipatory grief

Posted on August 1, 2018 by OPM Disability Retirement Lawyer

It is the creativity of the human imagination that both excels and dissipates.  But for it, we would not have the advances attained; but because of it, despair and angst presides and dominates.

Other species grapple with the present existential circumstances directed by one’s appetitive nature bundled up by needs and current desires.  Human beings, while embodied by those same animalistic sensations, nevertheless can transcend them for momentary respites of creative endeavors, and engage in constructive, intellectual activities and engagements surpassing the mere needs of present wants and desires.

But that same projection into the future — of what can be achieved, of planning for it, anticipating it — can also rob us of the present pleasure by anticipating that which may never occur, and present a current state of grief that can lead to despair and anxieties needlessly overwhelming despite every logical analysis that the future anticipatory grief may never come to the reality of a person’s present circumstances.

Put in more plain terms, we often worry about things that never come to fruition, but in doing so, we fail to appreciate the pleasurable moments that stand before our very eyes.  Chronic medical conditions tend to do that — of increasing the level of worry for one’s future, one’s ability to sustain that which we have achieved in the past, etc.  Worry, grief, despair and an overwhelming sense of angst and anxiety; these are the ingredients of an anticipatory grief that leads to uncontrollable despair.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, there comes a point where it becomes clear that one cannot sustain the current environment and circumstances; where there arises an inconsistency between one’s positional duties and the ongoing medical conditions being suffered.

When that point of clarity is seen, then that is the time to begin preparing, formulating and filing 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.

Instead of engaging in future anticipatory grief, it is best to consult with an experienced attorney who can allay some of those unfounded fears, and begin to guide you through the great morass of the administrative process called “Federal Disability Retirement Law”.

Sincerely,

Robert R. McGill, Esquire

 

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FERS & CSRS Medical Disability Retirement: Divided order

Posted on September 6, 2017 by Federal Disability Retirement Attorney

Most people are able to tolerate life’s bombardment of stresses by dividing them up, placing them into some semblance of order in priority of tackling them, and bifurcating the individual slices from the aggregate of the whole.  For, if you focus too much upon the forest, as opposed to the individual trees that provide markers for finding your way out, your will become overwhelmed and lost.

It is thus tantamount to the idea of a chaotic rationality, or a messy desk that is disorganized for anyone else but for the one who sits and works at the desk; no one can find anything when asked to look upon the messiness, but query the person who “owns” the desk and he can locate the document immediately.

Similarly, the divided order is where the stresses of life, the messes of living and the chaos of all that must be accomplished in the day-to-day discourse of an individual – from family obligations, work, leisure time, spending time with kids, making a living, paying bills, exercising, keeping up with one’s professional education and obligations – must all be “divided” in order to maintain some semblance of order, and the division itself must be done internally, mentally and within the sphere of private thoughts and unspoken actions; and it is out of the chaos of the world around that the order is imposed by the very division placed within the quietude of one’s consciousness.

Then, of course, complications can occur – that proverbial “last straw that broke the camel’s back” can come sauntering in the dead of night and bring about chaos where chaos once was bridled and restrained.

A medical condition can certainly do that.  For, in many ways, a medical condition is itself chaos defined.  It is an attack not only upon the body, but of the mind as well, and undermines a sense of balance, integrity of self, and self-confidence.

That is why preparing an effective 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 becomes an external imposition of an order divided from within.  It allows for a hopeful look into a future, where one may be able to escape from the chaotic darkness of the deepening morass arising from work, the problems of the Federal Agency or the U.S. Postal facility, and the constant struggle with pain, paranoia or uncontrollable anxiety; and replaces it with a retirement that allows for a basic annuity that extends until age 62, at which point it is recalculated into regular retirement.

A divided order is thus one more step that needs to be attained in attending to one’s medical condition, and preparing, formulating and filing an effective Federal Disability Retirement application is often the first next step to reaching that goal.

Sincerely,

Robert R. McGill, Esquire

 

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Federal Employee Disability Retirement: The bonds we forge

Posted on June 17, 2016 by OPM Disability Retirement Lawyer

As a verb used with an object, the meaning is lost because the context of antiquity remains as mere pages in the history books of a former era, when horses needed shoeing and the hammer and anvil heard the rhythmic pounding of sweat and hard work from the center of town; and without the combined usage with an object, it can include the act of imitation and fakery, as in illegitimately replicating documents without the originator’s consent.  The former sense implicates a vision of strenuous input; the latter, a meticulous care to reinvent or mirror that which fools a third party into thinking that it is the original, as opposed to something likened thereto.  In either case, the toil of effort is required.

Those bonds we forge — whether over a lengthy period, or within a short while — require just that:  time.  And beyond, maintenance in order to secure the togetherness cemented.  The concept itself necessarily implies the prerequisite of first being apart, then coming together.  Once bonded by the labor of forging, care needs to be taken that we not put too great a stress upon the once-fractured point; for as the link which binds is only as good as the strength of its weakest remedy, so the glue that casts the inseparable pair must by rights be allowed to coalesce.

What people fail to realize, however, is that the true and strongest bond which is forged, must be carefully maintained over time.  Left unnoticed or unattended, the disrepair which re-fractures the covenant of unity can easily fray despite the historicity of that red-hot steel that once glowed in the hearth of reddened embers.  That knowing look evinced from the wince of shared pain formerly acquired in memory’s cradle; the sidelong glance of a joke shared between two islands of thoughtful reflection, turned into mirth by a fading laughter like a cup which clinks ever so gently when the ice cubes melting in the heat of day shifts the microcosmic glaciers of a summer’s delight awash in the bitterness of cold tea.

In modernity, we mistake the quantification of people pushing the button of “likes” with the inviolable encounters between fellow human beings.  And, indeed, it is often because of those friendships forged and relationships embraced, that Federal and Postal workers often pause before considering the necessary breach resulting from the needs imposed by a medical condition which prevents the Federal employee or the U.S. Postal worker in filing 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.

For, often, it is time itself which cements and solidifies without the notice of effort expended; and the camaraderie and relationships developed over months, years and decades can be the defiance of surrender, if only to extend the moments of memories passed.  But at some point, even the bonds we forged may not be enough to contend against the forces of time, nature, health and fate; and when a medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal employee’s ability and capacity to continue on in the job or position of professional choice, then it may well be that the bonds we forged may need to be severed, as time allows only for a moment’s grace in the floating ships we think we steer, when in fact, all along, we were mere passengers biding our seats with but a temporary pass occupying for a limited time.

Sincerely,

Robert R. McGill, Esquire

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Federal Employee Disability Retirement: The repairs we need to get to

Posted on June 3, 2016 by OPM Disability Retirement Lawyer

It may well be a distinction with only a slight difference, as most such conceptual bifurcations tend to be.  In this day and age, we tend to just gloss over the minutiae which used to delight curious minds and pave the pathway for tenured professorships by way of publishing in esoteric journals of the Gestalt conclusions derived in academia — those slight nuances heretofore unnoticed which are suddenly and miraculously discovered by the keen insights of an eccentric perspective.

Thus, in life do we leave many things behind and set aside, for repairs to be attended to at a later time; and like a trail of dust reflected well by Pig-pen in Peanuts, the junk scattered tells of the character of the person, the inner essence of the personality, and the core of a human being’s wants, desires and tendencies of action or inaction.  At the end of one’s life, what does the junkyard of humanity reflect and represent?

We, each of us, create them; of vast reservoirs of rusting appliances, and often unrepairable masses of collected antiquities, where components for any semblance of working order have become obsolete or otherwise unavailable.  Some of those items scattered behind or left asunder, are the “emotional” ones; others, of family ties broken or damaged so severely as to belie any chance of regeneration, where reincarnation in the next phase of life must muse to consider reinvigoration of animation, whence the lifeless form once showed a promise of a future still bright.

We cannot go back and repair everything we have left aside or behind; there simply is not enough time in life in order to do that.  That’s why we left things undone in the first place; time requires prioritization — otherwise, in attempting to do everything, we end up doing nothing.

For Federal employees and U.S. Postal workers who have, in the last few years, felt the progressive decline of health and the consequences of being unable to attend to the most important of issues facing anyone and everyone — one’s own health — the time to prepare and formulate an effective Federal Disability Retirement application, to be filed through one’s own agency (if not yet separated from Federal Service, or otherwise separated for 31 days or more, but not 1 year hence from the date of Federal Separation) and then to the U.S. Office of Personnel Management, is likely upon and passed beyond the time of prudence.

Junkyards are common sights; some are openly displayed, while others are hidden behind walls and fences; but it is the scattered debris of things unseen, the physical pain and the emotional scars ignored, which need the greatest of care, attention and repair; and for the Federal or Postal employee — whether under FERS, CSRS or CSRS Offset, who suffers from a medical condition such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of the Federal or Postal job — it is well beyond the time to prioritize the central themes of life and living, and get those repairs done which we need to get to, and forget about the peripheral concerns which should have been left behind long ago.

Sincerely,

Robert R. McGill, Esquire

 

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Medical Retirement from Federal Government Employment: That big oak tree

Posted on May 28, 2016 by OPM Disability Retirement Lawyer

It is the lasting image we hold onto.  On a warm, sunny day, in the carefree tapestry of a summer month, without cares or worries to haunt or ruminate by; perhaps the gentle sounds of a nearby stream and a cool breeze whispering softly the rustling leaves bright green in their early unravelling, still months away before the harsh August sun turns them into the crinkly brown of late Fall.

We dream of those times; perhaps, there never was a moment when life was without difficulties and lying beneath the shade of that big oak tree allowed for smiles of quiet content and soothing moments of careless thoughts.  But we imagine them; wish for them; embrace the idea of a time in antiquity when horse carriages were aplenty on the streets of dusty horizons, and people actually stopped on street corners and talked of things beyond the introductory inanities of, “How’s it going?” or “What’s up?”

Perhaps, beyond the weather, identifying actual names of family members, their plights and circumstances, and non-malevolent queries about Aunt Sarah and the illegitimate child she had borne in that corner house of shame where untold acts of forbidden pleasures continued to reverberate in the shadows of destitution.  No, there have always been trolls, boils and tragedies throughout time, and whether the youth in modernity espouse a greater utopia of equality and semblance, where Orwell’s prediction of totalitarianism in the destruction of forcing linguistic minimalism comes to fruition, it is the forgotten pimples which remain as the vestiges of lost reality, and the delightful dimples which we embrace to sustain sanity.

That is why that big oak tree — whether real or imagined — remains as the stalwart of memories lost and paradigms extinguished.

For Federal employees and U.S. Postal workers who yearn for a day, an hour, or just a minute of repose and reflection under that proverbial oak tree, but 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 the Federal or Postal job — it is important to hold on to the concept and hypothetical construct of that oak tree.

Preparing an effective Federal Disability Retirement application is a good first step; formulating a sound and solid basis to obtain an approval of a OPM Medical Retirement application is an important second step; and filing the completed Federal Disability Retirement application is a confirmation of following good advice and sound judgment, and the fruition of that necessary third step.  Then, waiting upon the U.S. Office of Personnel Management to make a positive decision — well, that is when you will need those sleepy days under that big oak tree, in order to allow for wandering thoughts and carefree summers to abide by in that long wait before OPM makes a decision.

Sincerely,

Robert R. McGill, Esquire

 

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FERS or CSRS Medical Retirement: Of the repugnance in being lectured to

Posted on May 2, 2016 by Federal Disability Retirement Attorney

It is not merely a matter of slight irritation or resistance to change; it is an innate, in-bred rebelliousness which is part of the unique character of the American personhood.  People don’t like being lectured to.

Whether emanating from the rugged individualism of pioneers and the manifest destiny taught and ingrained within the historicity of our short background, exploding with a sense of independence refuting prior declarations of conforming wisdom imparted; or, perhaps it is merely the collective DNA of those who would flee from oppression or abandon the security and safety of known normative constraints for greater opportunity and a new start in a strange and alien land; regardless of the origin and foundation, the tone and tonality of a lecture is something we avoid with fastidious and painstaking means of refuting, resisting and expressing aggressive signs of intolerant repugnance.

Thus, when we become critical of that youthful movement during the Sixties, of defying convention and refusing conscription; was it merely a variegated expression of that inborn character trait?  And in modernity, with so-called millennials who shed the proper dress code and act indifferently to the accumulation of wealth, power and material comforts — can it be explained as merely the continuum of a genetic trait we fail to recognize?

Often, however, it is the “how” in a methodology inherent within a lecture, which makes all of the difference.  The substantive content of the “what” that is being said, is likely not the culprit, but rather, the voice inflection which delivers the message.  Perhaps that is even why real-time classroom lectures are becoming a rarity of sorts, because the cumulative decline reflects that very repugnance of having a finger wagged at, but merely in a format more impersonal and confined.

For Federal employees and U.S. Postal workers who are attempting to prepare, formulate and file an effective Federal Disability Retirement application, it behooves the preparer of the application to note the tone and tonality of a Federal Disability Retirement application, as well as (obviously) the substantive content of the packet to be submitted.

Keep in mind the sense of assertiveness running like a quiet thread throughout; for, as the American character refuses to merely stand still while being lectured at, an effective Federal Disability Retirement application, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, must be aware of that genetic disposition to refuse to listen to a narrative which fails to posit an “objective” presentation, as opposed to an irritating voice which “demands”; and it would be a shame if the Federal or Postal Disability Retirement application were to be denied at any stage of the administrative and bureaucratic process, merely because of the repugnance in being lectured to, as opposed to the validity and viability of the substance underlying.

Sincerely,

Robert R. McGill, Esquire

 

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    • Articles Published in the Postal Reporter
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    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
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  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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