Today is a fresh start; tomorrow, although unknown, allows for corrections of today’s mistakes; and yesterday — well, we cannot do much about the past except to attempt to learn from the errors already committed.
The Age of Wittgenstein prevails in our generation. The great philosopher of the 20th Century wiped away the problems which haunted Plato, Aristotle, Kant, Hegel, et al, by relegating all such problems as propositional fallacies confused by the inaccuracy of language. All we have to do is correct the “language games” we play, and all problems disappear. Fast forward to today — there are no longer any “truths” with a capital “T”, but only relative ones and even “alternative” truths, all correctible by the modification of what is said, the words spoken, the language used.
The problem with such an approach is that it often is disproven by the reality of the mistakes we make, resulting in the regrets of today.
For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition presents the reality of a problem which language will not erase, filing for Federal Disability Retirement benefits under FERS may be the best option for today.
Tomorrow will present a new set of problems; today, it is best to take an affirmative step forward and consult with a FERS Disability Retirement Lawyer and begin the process of formulating a paper presentation to the U.S. Office of Personnel Management in order to make yesterday’s regrets a mere language game of the past, and tomorrows challenges as a reality that is based upon the truth of today.
Sincerely,
Robert R. McGill, Esquire
Filed under: Reflections of an OPM Disability Retirement Lawyer | Tagged: 12 months of medical leave without pay for ssa gov employees, accepted conditions by workers compensation for permanent medical retirement, agency unable to provide light duty: what can I do?, apwu disability retirement benefits and eligibility, attorney and client relationship should be kept confidential, attorney opm disability, ca17 form and medical disability forms, criteria disability retirement for dod school personnel, fed disability retirement and multiple sclerosis, federal employee disability from stenosis, federal employee medical retirement, federal employee retirement disability for ptsd, fers disability benefits, fers disability retirement department of defense, fers disability retirement with sleep apnea, fers disability statement, how hard is it to get approved for civil service disability, hr shared services disability retirement medical separation usps, Keeping confidence and trust during the fers disability process, light duty form postal service and what about if it’s denied, lumbar disc degenerative owcp disability retirement, medical conditions associated with being a postal carrier? back injury carpal tunnel stress depression, medical retirement from federal government, opm claim rep approve my disability application, opm disability for carpal tunnel, opm disability retirement process and the question of confidentiality, opm file for disability retirement, opm letter for excessive medical lwop, opm medical records, opm medical removal from federal service and health benefits, opm medical retirement lawyer, opm stress leave long term, owcp approved accepted conditions, owcp denied: can I get unemployment while filing for opm disability retirement, owcp detailed medical narrative, personal statement of disability fers, retirement benefits while waiting for disability decision from opm, review opm medical retirement decision, sleep apnea and opm disability retirement, taking long term stress leave for the post office, the attorney-client confidenciality relationship, thoracic disc degenerative owcp fed employee, unfairly fired from usps for long term sickness, va employee disability, va employee disability retirement, va employee disability retirement lawyer, what matters to opm decision for medical retirement | Leave a comment »
OPM Disability Retirement: Service Deficiency & Medical Condition
The Office of Personnel Management will often use as a criteria of denial the argument/basis that despite the fact that an individual may have a medical condition such that the medical documentation states that the Federal or Postal worker can no longer perform one or more of the essential elements of one’s job, nevertheless, there has not been a showing that a “service deficiency” has occurred. Often, agencies systematically write up performance appraisals without much thought or consideration; more often, Federal and Postal workers quietly suffer through his or her medical condition, and strive each day to meet the requirements of their duties.
Whatever the reason for the lack of attention or perception on the part of the supervisor or the agency to recognize that the Federal or Postal worker has not been able to perform one or more of the essential elements of one’s job, such basis for a denial of a disability retirement application by the Office of Personnel Management is not a legitimate one, because existence of a “service deficiency” is not the whole story: if it is found that retention in the job is “inconsistent” with the type of medical condition the Federal or Postal Worker has, then such a finding would “trump” the lack of any service deficiency. That is not something, however, that the Office of Personnel Management is likely to tell you as they deny your disability retirement application.
Sincerely,
Robert R. McGill, Esquire
Filed under: OPM Disability Actors - The Agency, OPM Disability Actors - The Supervisor, U.S. Office of Personnel Management (OPM) | Tagged: adverse agency reaction, agency's extraordinary top assessment in fers disability applications, agency's influence in disability retirement, assessment for postal disability retirement from supervisor, criteria of denial instead of criteria of disability in opm disability, disability retirement csrs, disability retirement usps non job related, disability retirement workers compensation, essential elements of jobs not so essential according to evaluation, federal disability facts, federal disability law firm, federal medical retirement, fers disability application supervisor comments, FERS disability attorney, fers disability attorney in mississippi, fers disability benefits, government postal disability, injured postal workers and their miraculous job evaluations, law firm for federal disability retirement, medical disability lawyers opm, opm disability and the supervisor who says everything's fine, opm disability for federal employees in louisiana, opm disability for federal workers in alabama, opm disability retirement representation in utah, opm supervisor statement disability retirement, opm's excuses to deny your federal disability retirement, owcp disability retirement really is usually meant "opm disability retirement", owcp medical retirement, postal service disability retirement, postal service medical retirement, representing federal employees from any us government agency, representing federal employees in and outside the country, representing us government disability employees anywhere, the incapacitated federal employee without service deficiency, USPS disability retirement benefits, washington state federal opm disability retirement, when supervisors don't notice any medical condition in federal worker, when the agency claims no service deficiency in opm application, when there is no accommodation because there is no job deficiency, when top performance hurts the chances of getting fers disability, when work performance evaluations are near too perfect, Workers Comp disability, workers comp fers retirement, your supervisor and federal disability retirement | Leave a comment »