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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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    • Clarifications of Laws or Rules (161)
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    • Eligibility Criteria (18)
    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (18)
    • Fables, Stories and Analogies about CSRS and FERS Medical Retirement Benefits (79)
    • Federal Disability Judge-Made Decisions Quoted (35)
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      • OPM Disability Actors – The Human Resources Office (17)
      • OPM Disability Actors – The MSPB Administrative Judge (6)
      • OPM Disability Actors – The OPM Representatives (31)
      • OPM Disability Actors – The Others (9)
      • OPM Disability Actors – The Supervisor (13)
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    • OPM Disability and a Hostile Working Environment (11)
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      • OPM Disability Application – SF 3112 Disability Retirement Application Package (29)
      • OPM Disability Application – SF 3112A Applicant's Statement of Disability for CSRS and FERS (62)
      • OPM Disability Application – SF 3112B Supervisor’s Statement for CSRS and FERS (9)
      • OPM Disability Application – SF 3112C Physician's Statement for CSRS and FERS (15)
      • OPM Disability Application – SF 3112D Agency Certification of Reassignment and Accommodation Efforts for CSRS and FERS (7)
    • OPM Disability Process (160)
      • OPM Disability Process – 1st Stage: OPM Disability Application (36)
      • OPM Disability Process – 2nd Stage: OPM Reconsideration Stage (28)
      • OPM Disability Process – 3rd Stage: MSPB Stage (17)
      • OPM Disability Process – 4th Stage: Petition for Full Review at the MSPB (4)
      • OPM Disability Process – 5th Stage: Federal Circuit Court of Appeals (2)
    • OPM Disability Retirement & EEOC Complaints (4)
    • OPM Medical Questionnaire (8)
    • Post-Application Issues (19)
    • Pre-Application Considerations (454)
    • Professional & Expert Witnesses (5)
    • Reasonable Medical Treatment and Compliance Issues (6)
    • Reflections of an OPM Disability Retirement Lawyer (2,085)
    • 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)
    • U.S. Merit Systems Protection Board (MSPB) (21)
    • U.S. Office of Personnel Management (OPM) (81)
    • U.S. Postal Service (USPS) Disability Retirement (36)
    • Uncategorized (363)
    • When the OPM Application Is Approved (14)
    • When the OPM Application Is Denied (94)

Federal Employee Disability Retirement: The Loyalty Test

Posted on July 20, 2021 by FERS Disability Retirement Lawyer

Federal Agencies and the U.S. Postal Service have an expectation of “loyalty” — that their workers in general are loyal to the mission of the agency; that there is an implied trust held between workers and managers, between workers and the Agency; that the Agency itself and the Postal Facility enjoys a certain level of trust and security.

There is not a “loyalty test” as such — but nevertheless, the concept of “loyalty” is quite a simple one: We work with each other; we trust one another; we believe that the agency or the postal facility in general will look out for one another.  Part of that sense of “loyalty” must include the belief that, if you put in your years and effort, if you get hurt — whether on the job or away from it — the Federal Agency and the Postal Facility will do everything to (A) help you get back to work or (B) if you can’t, to help you obtain all of the employment benefits you are entitled to.

Sadly, more often than not, that is simply not the case.

If you are a Federal or Postal employee and can no longer perform one or more of the essential elements of your job as a Federal or Postal employee, contact a Federal Disability Lawyer who specializes in Federal Disability Retirement benefits under FERS, and make sure that the “Loyalty Test” which does not exist but should when the need to obtain OPM Disability Retirement benefits comes to the fore, will be enforced — of getting your rightful Federal Disability Retirement benefits under FERS.

Sincerely,

Robert R. McGill, Lawyer

 

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Federal Disability Retirement: The Cheapness of Life

Posted on February 22, 2020 by Federal Disability Retirement Attorney

We give lip service to the belief that “life is sacred” or that “each life is unique”, but a society’s actions rarely support the sincerity of such a belief.  Sincerity of words cannot be affirmed by more words piled on top of words previously spoken; rather, it can only be validated through actions affirming such words, lest emptiness of belief be revealed through the inaction evidencing hypocrisy. How we treat one another; what we are willing to do for our fellow man; how we treat both strangers and friends alike; these actions, in contrast to the words we use, show and reveal the cheapness of life.

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 cheapness of life is revealed through the manner in which the Federal or Postal facility treats you once it has discovered that you are no longer valuable to the Federal Agency or the Postal facility.  Federal Disability Retirement is a benefit under the law which affirms the value of Federal and Postal employees; how your Agency or Postal facility treats you does not undermine the fact that Federal Disability Retirement is available when needed.

Consult with a Federal Disability Lawyer who specializes in FERS Disability Retirement Law and affirm the opposite of the view that the cheapness of life is the primary value to be upheld.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Disability Retirement Attorney

 

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Federal Disability Retirement Benefits: The mud of life

Posted on June 13, 2017 by OPM Disability Retirement Lawyer

Do we treat it like the fun of Play-Doh, or of unwanted waste that we screw up our faces in disgust and come crying to wash it off immediately?  What were we like as children – uncaring, carefree, without a mind to the soil that we mix with water and other wet substances about and around the orifices of human cavities; or, with a hint of a smidgeon that lightly touched upon the soles of our shoes, did we come crying to return to an antiseptic precondition of artificiality?

The mud of life is the stuff of movies; we can romanticize it, serialize it into a best-selling paperback novel (skipping over the formality of a hardback in order to sell to the masses), and even turn it into a weekly television series; but in the end, what it means is that we are stuck in a rut at a gas station in the middle of a desolate desert with no money and no prospects.

That is the metaphor of the phrase itself; there is little hope and even a fewer scintilla of a possibility of a potentiality to hope; many times removed, the mud of life is that period that we all hit now and again, where movement forward will never occur, and misery is the fated future forever and a day, beyond the drudgery of an eternity of toil, like the Myth of Sisyphus when the gods condemned him to an existential angst of eternal turmoil.

What can be done about the mud of life?

Like the quicksand in old jungle movies where the thrashing victim is unable to recognize that the greater the exertional motions applied, the sooner the doom of drowning, the best that one can do is to simply plod along, place one foot in front of the other, and somehow manage to get through each day.

Medical conditions tend to do that; they remind us that the mud of life comes more often than we want to realize, and it can be a state of earthly hell without the promise of tomorrow’s paradise.  Enduring it is the best way to get out of it, and then to systematically plan to move beyond.  But what constitutes the “beyond” is the question, for many.  Medical conditions make us realize that there is little point in tomorrow if you can’t even get through today; but even in that moment of being stuck in the mud of life, it is important to plan for tomorrow, if only because it allows you to get through the drudgery of today and seeing beyond to a point of some hope for the future.

For Federal employees and U.S. Postal workers who suffer from just such a mud of life, where a medical condition is preventing the Postal or Federal worker from performing one or more of the essential elements of his or her position, the way out of the mud of life may be to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Whether you were once a kid who loved playing in the mud, or came crying home because of the dirt of earth’s detritus, as an adult it is time to plan for your future, and preparing an effective Federal Disability Retirement application may be the best first step to move forward and wash away that mud of life’s misgivings.

Sincerely,

Robert R. McGill, Esquire

 

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Federal Employee Disability Retirement: How we treat one another

Posted on April 20, 2017 by OPM Disability Retirement Lawyer

Separation, distance, objectification and electronic means of communication; the loss of human emotions in the very living of life, where the organic has become equivalent to the android, where the original concept encompassed an admixture of synthetic humanity and the combining of components both human and mechanized – and so the artificial construct that we feared in those novels of sci-fi nightmares has, in fact, been realized.

Orwell’s major work, 1984 is, by comparison, both prescient and outdated.  The underlying concept of a totalitarian state is still relevant, but the technological means by which we have achieved such a state of affairs, and the naïve assumption that we would somehow be informed enough to recognize when we are being “had” by such powerful forces of domination, leaves one breathless with puzzlement.

Existentialism, especially of the French version (i.e., Sartre and Camus, as the two paradigmatic participles – borrowing from the grammatical meaning and translating it into the positional element of influence) argues at the inception from its philosophical origination that language games geared towards objectification and distancing from the humanity of worth, value and normative constraints as defined by the traditions evolving from social contracts, is intended to allow for the justification of the depraved to engage in violent acts of crimes against humanity.

Language allows for cruelty.  How we describe, in what form and manner the grammatical application separates, distances and isolates groups into demeaning and debasing linguistic caricatures that alters the essence of who we are, allows for how we treat one another to result in the horrors of 20th Century camps of torture, totalitarianism and total war.  We can couch language and hide behind it to do as we want.  Power left in the hands of evil, with the meaninglessness of language disseminated among a gullible population left without dictionaries and relying upon the technological information controlled by an elite few, will only progressively decay and deteriorate the foundations of liberty and freedom.

For Federal employees and U.S. Postal workers who already experience the consequences of having to submit to linguistic elasticity, meaningless phrases of power and totalitarianism are already in a difficult position when a medical condition begins to impact and prevent the Federal or Postal employee from continuing in the career one has chosen.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often a test of sorts that reveals how we treat one another, and it is always better to know at the outset who one’s friends and caring associates are, than to remain in ignorance while the knives are sharpened for the time you turn your back and expect some protections to have watchful eyes while the weakness of debilitating medical conditions continues to progressively deteriorate.

Sincerely,

Robert R. McGill, Esquire

 

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OPM Disability Retirement for Federal & Postal Employees: Alone

Posted on March 4, 2017 by OPM Disability Retirement Lawyer

We enter into this impervious universe in such a state.  Yes, yes – there are parents surrounding, love embracing and doctors, nurses and hospital attendants with smiling faces and all of that; but being alone is conceptually distinct from loneliness, and one can be surrounded by a multitude of social acquaintances, family members and close and distant relatives, and still bear the weight of the latter, and yet know throughout that one is nevertheless alone in this world.

One realizes and comprehends that proverbial synergism of that special  “soul-mate” – that special person that the angels sprinkled with the magic of being in a parallel universe of identical comity; or of those special twins who possess an unmatched oneness beyond rational explanation; but, besides such special circumstances and almost mystical exceptions, most of us are alone in this world.

Aloneness goes beyond the human activity of busy-ness; beyond family gatherings and social upheavals of friendships, conflicts, domestic arguments where heartbreaks cutting to the essence of a soul is preferable to sitting in the darkness at the end of the day in a rhythmic rocking chair squeaking away the unscratched surface of a cold marble floor.

We arrive in this world alone; travel through it with companions rarely and barely recognizable; and become decrepit with medical conditions in some unvisited corner of antiseptic-smelling hospital wards where visiting hours are never breached because loneliness knows not the ticking of a clock where blank stares of aged men and women embrace vacantly the timelessness of human frailty.

For Federal employees and U.S. Postal workers whose careers may need to be cut short because of a medical condition, you know well the concept of being alone:  of a Federal Agency that sees you merely as a fungible component that needs to be quickly replaced and filled; of a Postal worker whose decades of allegiance and loyalty are disregarded because of an injury, a debilitating medical condition or a chronic and progressively deteriorating illness.

Preparing, formulating and filing an effective Federal Disability Retirement application will not necessarily abate the sense of being alone, but it will provide a pathway of attempting to reach a plateau in life where the future becomes somewhat more stable, the present becomes clearer and focused with greater definition, and that impervious universe from whence we arrived may somehow provide a heightened sense of worth, and loneliness is disconnected from the reality of being alone.

Sincerely,

Robert R. McGill, Esquire

 

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FERS & CSRS Disability Retirement: Leaving things to pure chance

Posted on March 2, 2017 by OPM Disability Retirement Lawyer

We rarely do that.  Yes, we sometimes allow for a partiality of such circumstances to remain, knowing that it may or may not happen; but the conceptual distinction between “pure” and left otherwise is a gap likened between omniscience and imperfect knowledge, or the ability to observe brilliance in action while the rest of us scrounge about for some semblance of competence.

Then, of course, there is a wide chasm in the spectrum of what it means to leave things to chance, in contradistinction to “pure” chance.  The difference is often seen as tantamount to the extreme arbitrariness of lack of human involvement – where, somehow and miraculously, engagement by a person necessarily results in an enhancement of success – or none at all.  Yet, the concept of “chance” itself can involve some restrictive involvement of a person, but nevertheless still have the consequence of purity of arbitrariness.

Whether it is the natural arrogance of human beings that cannot abide by a comprehension of the universe that human activity may not necessarily enhance any greater level of perfected creativity, or the unfounded assumption that nature – left to its own devices – constitutes a haphazard abyss of chaotic malfunctioning that can only be “corrected” by the consciousness of human activity (which further presumes an equivalence of man as the Deus ex machina, a role reversal of utter egocentrism as to betray any semblance of self-knowledge) – perhaps we shall never understand.

For Federal employees and U.S. Postal workers contemplating preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS, CSRS of CSRS Offset, the important thing to remember is that each Federal or Postal employee must make a reasoned decision in placing one’s self on the spectrum of leaving things to pure chance, or chance, or enhanced human activity that results in something less than the consequences of a Deus ex machina, but somewhat more than the chaotic arbitrariness of Nature’s folly (isn’t that essentially the theological argument of intelligent design, or at least a teleological perspective of purpose and meaning?).

Preparing an effective Federal Disability Retirement application requires a methodological understanding extrapolated from the madness of bureaucracy that requires certain elements be proven beyond a preponderance of the evidence, and clearly, some understanding of the applicable laws governing Federal Disability Retirement Law will help to enhance the chances of success.

In the end, consulting with an attorney who specializes in preparing Federal Disability Retirement applications is arguably the best approach in not leaving things to pure chance – although, even an attorney who specializes in Federal Disability Retirement Law should not be looked upon as that Deus ex machina that saves the day on an otherwise chaotic stage of human folly.

Sincerely,

Robert R. McGill, Esquire

 

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Medical Retirement for Federal Employees: Day after day

Posted on February 20, 2017 by OPM Disability Retirement Lawyer

Is monotony a negative trait?  How about consistency?  What is it in life that we strive for, search out and look under stones and around corners?  Is it possible that the life we already have, live by and daily “just do” is the one that is fated, meant to be, and of a satisfactory contentment such that change and disruption would be an unwelcome alteration?  Why is it that much of our time is given to complaining and picking at dissatisfaction, and it is only when unwanted intercessions suddenly turn things upside down, create a tumult and travail of circumstances, that we then suddenly “appreciate” the simple things in life?

Day after day, we enjoy the monotony of our circumstances, until one day we are hit with a medical condition.  Things change; stuff happens; unwelcomed interventions are a part of life, and make for a transcendence from the staid and stodgy; and then we wish we were back to the day after day.

Medical conditions have a way of doing that – of forcing an appreciation for things simple when we complained of boredom and the loss of excitement.  Things we once took for granted – of being able to sit for a time without the distractibility of pain; of giving and receiving a hug without wincing; of being able to focus and concentrate on a book, an article or even a few sentences without becoming overwhelmed by pure and profound exhaustion and fatigue; those simple things in life that once brought joy, now a wistful memory of remembrances past, projected exponentially into a future unknown.

Will we ever be able to recapture that which we seem to have lost?

For Federal employees and U.S. Postal workers who are suffering from a medical condition, such that the medical condition no longer allows for the day after day monotony of performing the essential elements of one’s Federal position, preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, may be the best option available in an effort to recapture that once-monotonous life of drudgery and dreariness that you so long for.

“Count your blessings”; “Appreciate what you already have”; “Don’t complain; enjoy”; they were all considered inane pearls of forgotten wisdom, but when a medical condition hits us, the truth underlying each tends to nudge us towards being a better person for it.  Filing for Federal Disability Retirement benefits won’t make you rich; but then, what has wealth got to do with it when you don’t even have your health?  Filing for Federal Disability Retirement is, instead, a means to another end – to attain a place where you can attend to your medical conditions and begin to travel the road back to where you can be bored day after day.

Sincerely,

Robert R. McGill, Esquire

 

Filed under: Reflections of an OPM Disability Retirement Lawyer | Tagged: 100% va disability and fers disability, accepted conditions by workers compensation for permanent medical retirement, apwu disability retirement benefits and eligibility, civil service traumatic injury leave, compensation for federal employee who suffered ruptured disk, disability retired fers employs blog, disabled veteran disability retirement government employee, drac hearings usps disability, early retirement letter due to disability in civil service, excessive absence for illnesses in the federal sector, feca and social security offsets, federal disability pension lawyers helping richmond va residents, federal employee disability retirement appeals process, federal employee doctors narrative report, federal employees on the job injury, federal gov employee voluntary resignation before applying for ssdi, federal worker compensation on carpal tunnel, fers disability reconsideration appeals office, fers disability retirement for veterans administration employee, fers disability retirement handbook, fers employee medical inability to perform, filing ca2 form for chronic stress on the job, finding out if qualified for disability from federal job, getting approved for opm medical retirement, going from owcp back to csrs, harassment and bullying in federal government causing stress and anxiety, how does a usps employee take off intermittent leave for stress, how hard is it to get federal disability retirement? it really depends on job doctor and who your attorney is, how long does opm take to verify disability? it’s not just about verifying disability but qualifying taking into account opm disability retirement laws, how to complete form 3112a, how to resign from va due to medical condition, how to write a doctor's narrative report for opm, hypersomnia va employee disability, idiopathic hypersomnia disability approval from opm, irs employee disability, light duty for work related injuries only, lwop and fers disability annuity, medical awol, medical cause for termination of employment federal, medical inability to perform proposal to remove from postal service, medical retirement from federal government, medical retirement from federal law enforcement, medical retirement from the gov federal, office of postal management medical retirement, opm apply for advance sick leave permanent disabling condition, opm bipolar disorder, opm disability retirement nexus, opm disability termination, opm employee injury at work, opm fers disability retirement forms, opm filing for disability preliminary, opm hostile work environment guidance for stressed out federal employee, opm medical denied, OPM medical retirement, opm medical retirement disability package, opm medical retirement is and reconsideration stage, opm medical retirement process, opm performance improvement plans against disabled employees (search this blog for pip), opm request for accommodation denied, opm statement of benefits, owcp adding a condition, owcp feca denied, owcp request second opinion: what are my options?, owcp wants me to get second opinion should I file for disability just in case?, process to request disability retirement in fema, proposal for removal from federal employment, ptsd and dol disability retirement, resignation letter for government workers with disabilities, responding to a notice of proposed sick leave abuse separation, review opm medical retirement decision, sf 3112b supervisor's statement interpretation – can it hurt chances for retirement?, sf 3112c physician's statement legal guidelines, sf 3112c physician's statement legal principles, steps for resigning from the federal government due to health issues, usps office of personnel management medical retirement, va employee disability sleep apnea approvals, when opm hostile work environment causing depression, will owcp accept medical when case it occurred outside employment? you may want consider disability retirement, work comp claims - carpal tunnel against federal government | Leave a comment »

  • More on FERS Disability Retirement

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    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
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    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
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  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • 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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