FERS Medical Retirement from the OPM: The Intersection of Hostility

Is the cart before the horse?  Which came first, the chicken or the egg?  Such idioms have their appropriate meaningfulness — as asking the question of sequence and priority in a given circumstance.

For a Federal or Postal employee who suffers from stress leading to other conditions — perhaps of depression, anxiety, panic attacks, etc. — the question involving the intersection of workplace hostility, or what is often termed as a “Hostile Workplace” — comes into the picture.  It is an issues which must be carefully addressed when the intersection involves preparing, formulating and filing for Federal Disability Retirement benefits under FERS.

Why?  Because a further legal issue — that of “situational disability” — can defeat a Federal Disability Retirement application under FERS.

Certainly, the intersection of hostility can and often does play a part in a Federal Disability Retirement application, but it should be characterized merely as a “trigger point”, and not the sole and exclusive basis of filing for Federal Disability Retirement benefits from the OPM.

How one formulates a Federal Disability Retirement case; the description of the intersection of hostility; whether one’s medical condition is “situational” or “all pervasive” — these should be considered by an OPM attorney who represents the Federal or Postal worker in a Federal Disability Retirement case under FERS.

Contact an attorney who specializes in Federal Disability Retirement Law, and do not put the cart before the horse, or argue that the egg came before the chicken, before consulting with a lawyer who specializes in Federal Disability Retirement Law.

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.

 

FERS Medical Retirement from OPM: The Technical Application

In every system, specialty, sub-specialty, etc., there is a technical application and usage of a term, concept, acronym, etc.  Wittgenstein, the Austrian Philosopher and the author of “Philosophical Investigations” (as well as Tractatus Philosophicus and other works), discusses the concept of “Language Games” involving such unique and technical applications of word usage within different contexts and circumstances.

Thus, there are “computer software language games”, or engineering language games — where specific words have meanings quite narrowly defined, and which often excludes the general population’s understanding unless you become a “member” of that particular group, society, etc.

In Federal Disability Retirement Law, there are numerous technical applications within the language game of “Federal Disability Retirement under FERS” — and one of them is the usage and application of the term, “Accommodations”.  The term itself is widely and loosely used — as in referring to various work-related adjustments and changes.

Thus, a Federal Agency or the Postal Service might, for example, refer to a light duty assignment as an “accommodation” provided, when in fact — in the technical, legal sense — it is not at all an accommodation under Federal Disability Retirement Law.

The problem with a technical application, usage and misapprehension / misunderstanding terms and concepts used in a “general sense” as opposed to the “technical sense”, is that such failure of comprehending the precise meaning of a term can result in failing to apply and obtain Federal Disability Retirement benefits under FERS.

Contact a lawyer who understands the technical application of all terms under Federal Disability Retirement Law, and don’t let the language game of Federal Disability Retirement Law mislead you into a failure of filing an effective Federal Disability Retirement application under 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.

 

OPM Disability Retirement Law: Remnants of One’s Self

Remnants, fragments, shadows, a mere ghostly memory — of one’s self; or of one’s former self.  They are all concepts which evoke images: of a past which was once you; a present which is only a part of; a future which is uncertain as to whether you will again become your former self, remain as you are as a mere remnant; or, somewhere in the middle, where you are never what you were before, but you have gained some semblance of your former self.

Medical conditions often determine those issues: They debilitate; they progressively rob; they worsen and deplete; and when you are a Federal or Postal employee and the remnant of one’s self can no longer perform one or more of the essential elements of what you still are required to do in your Federal or Postal job, then it is time to consider filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management under FERS.

Contact an OPM Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and consider regaining some remnant of your former self.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from the Office of Personnel Management (OPM): Giving the Argument

It can be a sign of over-confidence, or merely a regret for a mistake made.  Granting the “other side” — whoever it is — the ammunition to make their argument, is normally not the best strategy in any endeavor.

Sometimes, in a debate, it is a strategically advantageous move to “grant” the other side the argument they are about to make.  By doing so, two things may occur: First, a quiet recognition that the argument granted is a powerful one, but by preemptively dismissing it via the power of concession, it undermines the efficacy of the argument itself.

Second, it makes moot the necessity of the opponent to actually make the argument, thereby focusing the debate upon other issues — ones which you want to emphasize.

Such “giving” of the argument, however, is quite different from the times when we mistakenly provide fodder to the other side for greater strength to “their” argument, and concurrently, weakening one’s own position.

Thus, for example, in a OPM Disability Retirement case, it is normally not a good move to suddenly resign from one’s Federal or Postal position before filing for Federal Disability Retirement benefits — for a number of reasons.

For one, it gives OPM the argument that, “How do we know whether or not your agency or the Postal Service could have accommodated you?”  Giving the argument to the other side should always be a deliberate and conscious decision at the outset.  It should not be a move based upon regret.

To prevent that regret, contact an OPM Disability Ret. Lawyer who specializes in Federal Disability Retirement Law and begin the process of formulating your arguments, and preventing the giving of the argument which might defeat your own case.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Medical Retirement under FERS: Primary Questions

You can easily get entrenched within a morass of details.  Primary questions — those issues which, when addressed and answered, essentially take care of sub-questions and lesser categories of details — need to be identified and prioritized.

Many people are unable to recognize, identify and extract the primary questions.  Why? Because, if you are unfamiliar with the paradigmatic, upper echelons of the legal criteria being applied (for instance, in a legal matter), then how are you going to be able to “separate out” the proverbial grain from the chaff?

At all 3 of the main stages of a Federal Disability Retirement case — at the Initial Stage; if denied, at the Reconsideration Stage; if denied a second time, before an Administrative Judge at the U.S. Merit Systems Protection Board — it is important to either preemptively or actively discern and discard the unimportant side-issues, and to focus upon the primary questions in a Federal Disability Retirement case.

The rule of life always applies: Prioritize; identify the primary questions and issues; take care of what is relevant; then, the rest of the “minor details” will often naturally fall to the wayside.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement for Federal & Postal Employees: Pegged

It normally has a negative connotation; rarely, a positive one.  One is not found to be “pegged” as a brilliant X or as a gentleman (or woman); rather, the “pegging” that occurs is more often than not of a reputation of denunciation.  X is pegged as lazy; Y as a shirker; and once identified as such, you are the outsider, the non-member, the one who becomes ostracized and tagged with suspicion and contempt.

Funny, how empathy may have preceded it; but then, empathy only lasts for so long in human beings, as patience is indeed a virtue which cannot withstand the test of endurance.

Federal and Postal workers who have a medical condition may have evoked some sympathy from coworkers, supervisors and the Federal Agency’s managers — for a time.  But after a short period of an empathetic response, you are expected to “rejoin the team”, as the saying goes, and get back to “accomplishing the mission” (as another saying similarly goes).  Otherwise, you are pegged as “that one” — the one who creates a burden for the rest of the Agency because your work must be taken up by others.

For Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits under FERS because you have been pegged as “that one”, consult with a Federal Disability Retirement Lawyer who specializes in Federal Disability Retirement Law.  Being pegged is one thing; being terminated or placed on a PIP is quite another; and if either are in danger of occurring, you will need to take the next step and take the chance that you might be pegged as a Federal Disability Retirement annuitant.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Failures

When they come, we tend to overemphasize them.  When they become a rarity, we believe far too grandly in our own abilities.  It is always important to maintain a balanced perspective — what Aristotle would have termed the “middle way” or the Golden mean.  To avoid the extremes is a difficult path to follow.

Failures come into our lives within a context of a society which is intolerant of them.  We root for the winning team and barely recognize the fabulous plays of the defeated one; an individual can perform exceptionally well throughout, but if in the last minute, the final few moments, or in the very last second of that performance, the prize is overtaken by another — all of that effort is deemed a failure and for naught.

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, OPM Disability Retirement might have to be considered.

Perhaps you had a long and extended career or, maybe you have barely met the minimum time-in-service requirement of 18 months of Federal Service.  In either event, you have met the threshold for filing a FERS Disability Retirement application, and whether of a long and fruitful career or of a short impact within a specified timeframe, filing a Federal Disability Retirement application is not an indication of a failure to be distraught over, but merely a recognition that it is time to move on to the next phase of a future yet bright and hopeful.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Segment of Accomplishment

Each of us are allotted a specified time within which to make our fortune, map out our notoriety, earn and gain the respect of our community, and then — recede into the footnotes of history, if even an honorable mention is deservedly given as a coronation of our accomplishments.  The segment of accomplishment is our slice of life; it is the time given in order to make a difference, to “live to the fullest”, to put our stamp upon history; or to remain in the shadows of anonymity.

During the course of that segment of accomplishment, we are often beset with questions that make us pause: Is there meaning in this universe?  Is there a transcendent purpose that guides?  Is our segment of accomplishment of any relevance?  What if we fail at our allotted segment?

For Federal employees and U.S. Postal workers who become impacted by a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the questions surrounding one’s segment of accomplishment becomes poignantly posed: Is this the end of my particular segment, and what is there beyond?

Consult with a Federal Disability Attorney who specializes in FERS Disability Retirement law, and begin to consider filing for an effective Federal Disability Retirement application so that the segment of accomplishment for this particular slice can be completed, and a view towards the future — and another segment of accomplishment — may bring about the next stage of fulfillment.

Sincerely,

Robert R. McGill, Esquire

 

Federal Government Employee Disability Retirement: Going Back

The salmon spawning, rabbits returning; other animals come back to the place of birth, the area most familiar, the site of birth’s imprint and early remembrance.  Going back is ingrained; it is done without thought, without reservation, and often without regard to consequences.  The job that we know; the house that we built; the friends we always knew; these bring about a sense of regularity, rhythm, comfort and a returning sense of restfulness; and so going back is as natural as sleeping.

What we don’t take into consideration is that, while we were gone, things may have changed.  This is the anomaly of life: For, we are geared towards expectations of sameness and similarity; that when we leave a room, it will remain the same when we return; when we see a friend again, we expect that he or she hasn’t changed; and when silence prevails, identity never ceases or alters.

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, going back can be a traumatic endeavor.  The essential elements of the position may have remained the same; the people at the Federal Agency or the Postal Facility may still be there; the work requirements are unchanged; but you have changed.  Your medical condition has forced the change.

Going back may not any longer be possible.

In that case, consult with an attorney who specializes in FERS Disability Retirement Law, lest going back results in consequences unthought, like a new pattern of harassment and a move to terminate you.

Sincerely,

Robert R. McGill, Esquire