Tag Archives: fers disability in spite of light duty v. reasonable accommodation approved

Office of Personnel Management (OPM) Disability Retirement Benefits: Where to Start

Of course, the “where” is not properly the true concern — for, it is not the location, but rather a different sense of the word that is applied.  The “where” concerns the juncture or the beginning point of a process; of what information to gather; the arguments to be made; the emphasis upon which to direct their attention; the nexus that must be established, etc.

While all that must be gathered, argued, collected, assembled, collated, described, delineated, combined, etc. — the “where” is often meant to merely be a beginning point that is logically ensconced within the entirety of the complex process.

For Federal employees and U.S. Postal workers who ask that question or query that puzzle, the answer is simple: Begin with the foundation.  And, what is the foundation?  The foundation is the medical concern itself; and once the foundation is laid, then to work towards the conclusion as to why the Federal or Postal worker can no longer perform all of the essential elements of one’s Federal or Postal job.

Where to start?  Contact a disability attorney who specializes exclusively in the field of OPM Disability Retirement Law, and begin from there.  For, in the end, that is clearly the logical beginning point of the complex process involving the bureaucratic morass of Federal Disability Retirement Law 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 Retirement Benefits: The Future Unknown

It is a question replete with unknowns; for, of the future, we can only surmise, predict, look at past trends and then make the best decision possible in preparing for it.  Perhaps you have a family history of dementia or Alzheimer’s; of longevity with a full set of teeth and your hair held intact; or of bad health, failing eyesight and other traceable deterioration.

Are they certainties, or mere indicators of what may become?  We can drive ourselves crazy by thinking the worst, or fool ourselves into relative calm by painting that “rosy picture” where all crossroads are taken in favor of the positive viewpoint.  Likely, there will be some breaks in your favor, and some not.

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 career — NOW — the future unknown likely already encompasses part of the “known”.

Known is the current situation which involves an inability to perform some of the essential elements of your job.  Known is the fact that your medical condition will likely not get any better.  Known is the likelihood that your medical condition will worsen.  Unknown is often whether you have a doctor who will fully support your Federal or Postal Disability Retirement application.  Unknown is — at least to some extent — how your Agency or the Postal Service will respond.

The future unknown may have some unknowns, but based upon past knowns, it is time to file for Federal Disability Retirement benefits under FERS.

Contact an OPM Disability Lawyer who specializes in in the legal field you will need to deal with in this case, Federal Disability Retirement, also known as FERS Disability Retirement, and begin to piece together the knowns so that the unknowns become less forbidding.

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 Disability Retirement: Nonsense confiscates meaning

It obviates and nullifies it; often, it will make impotent that which once maintained vibrancy and efficacy.  That is where Orwell misconstrued the power of nonsense; for, in his classic novel, 1984, the scene which discussed the production of the newest edition of allowable Newspeak words and the reduction and elimination of certain concepts — he failed to realize that it is the greater dissemination and wide volume of words which undermines meaning, and not the other way around.

By exponentially adding — by quantitative overload — to language, we undermine the precision of language and thereby create a chaos of nonsense; and the result is that nonsense confiscates meaning.  Have you ever come across a person who takes a paragraph to convey the meaning of a single word?

By contrast, when you meet an individual who so succinctly states an idea and, with the sword of a sharp sentence, can slash a page to within a tidbit of profundity, you realize the benefit of brilliance over the darkness of ignorance.  Succinctness, precision, concise conceptual bundles — they are all important in conveying proper meaning; and “meaningfulness” is what persuades, while nonsense confounds and makes a conundrum of that which should be a vehicle of clarity.

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 Applicant’s Statement of DisabilitySF 3112A — is the vehicle by which “meaning” is delivered.

Do not get sidetracked with the nonsense of too much explanation; and an overly abundant profusion of nonsense may in fact harm one’s case.  A balance between the short “bullet-point” approach and a meandering diatribe against one’s agency needs to be pinpointed.  Do not let nonsense confiscate meaning, thereby undermining the ultimate goal of a Federal Disability Retirement application: To obtain an approval from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill
OPM Disability Lawyer

 

Attorney Representation for OPM Disability Claims: Trials of error

Normally, of course, the common usage of the terms involve the combination with a conjunctive — of trial and error, implicating a process whereby the latter term triggers the former (i.e., the “error” forces us to engage another round of trials, which then may lead to further errors resulting in further trials, etc.) into a potentially lengthy repetition of attempts, each with the advancement through possession of greater knowledge gained from the errors identified and witnessed.

The concept as it stands, however, implies something further:  of the experience of each error and the process within such error and what the error may implicate.

Human beings have an expansive capacity to “move on” quickly beyond errors made, and perhaps that ability of adaptability is an evolutionary advantage for a species that makes a fair number of errors that, in other contexts and within other species, would spell the extinction of the species itself.

Errors compounded go beyond the experience of the trial itself; sometimes, errors lead to other errors, and thus the “trials and errors” in their aggregate allow for greater knowledge and adaptability depending upon the nature of each error and of many trials.  But it is the trial of the error that often needs to be paused, and allowed to ponder upon, before going on to the next trial, lest the lesson from any one error has not been sufficiently learned before a further trial is engaged.

Sometimes, of course, the trial of an error, if not sufficiently comprehended and reflected upon, is the very reason why further errors of judgment follow, precisely because not enough time has been spent upon the nature of the error itself.

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 satisfactorily performing one or more of the essential elements of one’s Federal or Postal job, it is important to recognize the trial of an error — for, with a Federal Agency or the Postal Service, one is encountering a behemoth of intransigence when attempting to garner any sympathy or loyalty.

Medical conditions themselves are “trials” enough, and when a Federal Agency or the Postal Service begins the process of punishing the Federal or Postal employee for taking too much SL or LWOP, or even invoking FMLA rights, the “error” is not so much the trial of patience, but rather, in thinking that the Federal Agency or the Postal Service was ever on your side to begin with.

While a Federal/Postal Disability Retirement application may not be a strictly “adversarial” process, one must always consider whose “interests” are being looked after in each trial encountered:  the interests of the Federal Agency or the Postal Service, or of one’s own?

The trial of error often begins with a mistaken identification of a more fundamental error on the part of the Federal employee or U.S. Postal worker, and for the Federal or Postal worker contemplating filing for Federal OPM Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the first step in preventing the greater trials of multiple errors is to consult with an experienced attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Future uncertainty

It is a peculiarly human endeavor to reflect upon and ruminate; to consider that which has not yet occurred, and to worry about it, turn it over, consider the options, become so ensconced in the details of that which is still yet to become, if at all, and to will anxiousness and even harm one’s health over it.

Does the dog that one has known for many years engage in such conceptual angst, and project one’s self towards a time yet to become?  Well, yes — there can be a similar sense of anticipation; of prefatory behavior in response to an approaching hour.  If, on every Sunday at noon a tremendous noise is heard, dogs and other animals can be ‘trained’ into becoming anxious for several hours before the event, and act accordingly.

Is that merely an inculcated imprint, or is there some lengthy thought process — reflection, rumination or anticipatory consternation — involved in the anxious behavior exhibited?  Is there a distinction to be made in the manner in which human beings behave towards future uncertainty, or is the difference merely one of degrees?  Does our capacity towards an insular universe, self-contained within thoughts and boundless tangential roads that lead to greater depths of despair and self-inflicted despondency differ from the trained responses as exhibited by other species?  Or, is our capacity simply of “more”, and the extent of our means merely one of exponential exhibitionism?

Future uncertainty — what is it?  Is it a learned response or a human peculiarity of untold evolutionary need?  How does one engage in it, and are there better coping mechanisms than others?  Does life’s experiences grant any reprieve, or are we all subjected to its devastating effects?  Do the wealthy experience it in the same manner, or does it merely take an extremely selfish personality — one that cares nothing for others and thus feels no sense of obligation in forestalling any belief in future doom that may befall family members — to avoid the angst of foreboding tides?

For Federal employees and U.S. Postal workers who have that sense of future uncertainty because of a medical condition that has begun to prevent the performance of one or more of the essential elements of one’s job, the obvious antidote to such feelings is to prepare, formulate and file 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.

Yes, the future may appear uncertain at this moment; yes, the sense of not knowing gives a recognition of anxiousness that seems never-ending; and no, filing a Federal Disability Retirement application is not the answer to all problems presented.  However, it is at least a start — to refocusing one’s attention to the priorities of life’s foundational precepts: of health and in securing some semblance of a future yet to be determined, but to be anticipated not with a foreboding sense of gloom, but of a tomorrow that may yet promise a day after.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: The yearning for yesterday

On the spectrum of life, as one advances forward, it is the residue left behind that begins to look so much the better; and in old age, the long expanse of the clouds of memories trailing behind becomes refined with time and faded recollectionsYesterday keeps looking better and better in proportion to the difficulties faced with the present and anticipated for the future; and the yearning for yesterday is that delicious taste for that which remains resplendent with the memories of nostalgia but may never quite match the reality of that which was left behind.

Memories are funny animals; they are selective, and in our subconscious we tend to erase and extinguish the harsh realities that accompanied the sweetness of childhood joys.  Of that summer day when the winds were warm with the breath of gods and the cackle of laughter filled the air as the ocean waves lapped lazily upon the toes of innocent feet, did the disruption of tiredness or the grumpiness of fatigue remain forgotten as memories became ensconced with jaded perspectives?

The turmoil of today makes yesterday appear as the reflective light of perfection – like the dying star that emits light for us to witness, when in fact death had already occurred billions of years ago.

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 the Federal position or Postal craft (or of a position as a supervisor, manager, etc.), it is that yesterday when the medical condition was yet unknown and the innocence of a future still to be anticipated becomes yearned for.

Federal Disability Retirement is not a “total” solution, by any stretch of the imagination; yet, it does allow for the discontinuation of a feature in one’s life that has remained to create havoc and turmoil – of the mismatch between one’s medical condition and the type of job one is engaged in.  For, is not much of yearning for yesterday exactly that – a sense that there was a continuum of hope and anticipation for a future bright and exciting, and the daily toil of knowing that one can no longer be the same by remaining in the job that has become inconsistent with medical conditions endured and suffered – which is the basis of human tragedy and sadness.

The yearning for yesterday becomes unnaturally magnified the more today is a toil and tomorrow is a basis for angst and sadness; and it is when the Federal or Postal employee recognizes this, and begins to take steps for securing a future with anticipation of tomorrow’s hope, that then filing for Federal Disability Retirement benefits becomes a no-brainer.

The yearning for yesterday needs to be replaced with an anticipation for tomorrow’s hopes and dreams, and preparing, formulating and filing an effective Federal Employee 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, is the first steps toward an anticipated tomorrow that can still be brighter than today, and still better than yesterday, as if the yearning for it fades into memories once undecided.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Stress tolerance

More and more, the psychology of human endurance is being studied, evaluated, assessed and judged upon; but in the end, the complexity of the psyche may never be fully known, and even of that knowledge which we think we know, we may be completely in error about.

We perform “stress tests” upon metal beams and overpass bridges in order to determine their viability and structural integrity; and through various engineering tools, we are able to determine whether or not a certain limit of tonnage or pressurized capability to withstand extreme changes in temperature can be “tolerated” before serious damage is done, or modifications, reinforcement or complete replacement becomes necessary.

Why are we unable to gauge the capacity of the human psyche, as well?  What is it about the complexity and endurance levels of the human mind that refuses to provide an objective capability of acceptable levels of stress?  Is it because it will always be individualized, restricted by childhood, adulthood and other hooded experiences that refuse to explain the levels of tolerance otherwise able to be discerned in a beam of wood or a concrete structure?  What does it mean, anyway, to have a “high” stress tolerance level, as opposed to a “low” or “medium” one?  Is it like possessing a gemstone that you carry around in your pocket?  And does it depend upon the “kind” of stress being experienced, or can it all be lumped into one?

Money and debt problems; traumas imparted by the behavior of others; family and marriage difficulties; workplace hostilities and adversarial and contentious encounters; do these all constitute different “kinds” of stresses, and do different people react to them and “deal” with them in variegated ways?  Does it matter whether or not the source of the stress emanates from an outside origin that does not “personally” involve you – such as the danger-based stresses experienced by police officers and firefighters that encompass saving others or deescalating “situations”, but at the end of the day, does not pervade beyond the clock that ticks down to end one’s shiftwork?

And medical conditions – how much of an impact does the physical have with the psyche, and to what extent is the interaction likened to a vicious cycle, where a physical ailment influences the capacity of the psyche to tolerate stresses, and where the mental or emotional stress triggers a person’s physical condition?

Science and medicine have never been perfect disciplines, and it is doubtful if we will ever fully comprehend the complete picture of the impact of stresses in our lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and have come to a point where that medical condition no longer allows the Federal or postal employee to perform all of the essential elements of one’s Federal or Postal job, the question often asked is whether or not “stress” is a viable element or basis for a Federal Disability Retirement application.

That query is a complex one, and can only be answered within the context of a medical diagnosis, the prevailing law, and the options left in the complicated process of preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, and consultation with an attorney who specializes in Federal Disability Retirement law is essential to enhance a successful outcome.

Like so many questions of any level of complexity, “stress” is a complicated issue that cannot easily be addressed without a thorough evaluation by an experienced attorney.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Indicia by quantitative output

Should worth be determined by quota of quantitative output, or is the slow and steady progress of quality and craftsmanship still valued in this world of imported trinkets and trash bins of brevity?  There are reports of a major bankruptcy filing resulting in the inevitable liquidation of a foreign shipping company, and the rumors preceding have already forced stockpiling of goods for the upcoming holiday shopping expectations.

The interconnecting tentacles of international trade foregoes any differentiation these days, between “domestic” or “foreign” companies, and the deep reverberations and repercussions of shortages felt reveals and unravels of a society addicted to the notion of accumulation, no matter what or where the source.  We can no longer travel to destinations of quiet reserve, because everyone does so – with Smartphones and photographs instantly posted, and of the meditative monastery no longer devout with quietude of prayer, but filled with flashbulbs of visceral interruptions.  And of the unique product made with time and care?  Of hand-held tools and the carpenter’s reflective repose?

Quotas define modernity; it is the quantitative output that prevails in a factory-like universe where the individual stitching has no mark of uniqueness or character of identification.  Perhaps Marx had at least the principle of labor’s loss of meaning right; when the product loses the manifold entailment of the soul which guides the hands, then the character of creation is destroyed and the essence of the mold becomes subsumed beneath the greed of desire.

It is the celebrity-status and stature of glimmer and glamour which poses to characterize the indicia of success; and the goal of that flashpoint of destination’s pinnacle of “arriving” is determined by the indicia of quantitative output.  How else to explain the constant boast that Americans work longer hours, have less vacations, spend fewer time with family and friends – but to show the rest of the world who sit idly by with envy and despair, that the price to pay in order to attain the grand scheme of such blissful existence is to undermine the family structure, to desecrate the common hold of a community, and to destroy the very fabric of society’s worth?  We pay a price, all right, and that cost transacted is the self-destruction of the essence of humanity.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition no longer allows the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal employee’s positional duties, the pressure to keep up with the quantitative output comes to a flashpoint where health intersects with productivity, and the Federal agency or the U.S. Postal Service takes such data into account in deciding the worth of your life.

The indicia of quantitative output are the means by which the determining end is calculated.  At that critical juncture, the Federal or Postal employee must make a Solomon’s decision:  Health, or the job.

For Federal employees and U.S. Postal workers who have come to that point of decision-making, preparing, formulating and filing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, becomes not just a necessity, but a call to action.  For, in the end, the indicia of quantitative output is someone else’s measure of worth – and that “someone else” is certainly not taking into account the value of one’s health in a society self-destructive in its juggernaut of purposeless regression.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Life’s ruinations

The poetry of a fork in the road sings to us from those innocent days of childhood voices; of life’s beginnings, the promise of future longings, and those lazy summer mornings left far behind in dusty coves where love’s forlorn memories linger in misty waves of lapping thoughts.  Life has a way of beating us down.  A wise man once said:  If you don’t like the way the day is going, stick around, as everything changes over time.

We tend to focus upon the trials of the moment, as if there is no tomorrow, and perhaps that is a “good” thing, if we think that life is a linear progression (or regression, as it were) of experiences unfolding and eternally unending.  What does it mean to have a “proper perspective”, or a “balanced view” of life?  In the living moment of travesty and despair, can one reach beyond on either side in order to view the middle from afar?  Or are we so wrapped up in our own troubles that we can never quite see beyond the travails of our own creation?

We have lost the capacity to maintain vigilance as the gatekeeper of incoming information and data; instead, we are like rudderless vessels, being thrown to-and-fro by the waves of data-overloads, forever accosted by the connectivity for which we pay dearly in terms of money, loss of soul, and depleted creativity.  We cannot think for ourselves, anymore, because we have Google and viewfinders to guide our ways; and we no longer map out our road trips because we have electronic guiding devices to do that which we have lost our way in attaining.

For every second we have been promised that we would save with the advent of a new electronic device, Jim Croce’s time in a bottle would have been filled tenfold, if only we had stuck to the revolving voices emitted by the crank of an antique phonograph.

Life was once a promise of a future hope and unrealized cacophony of mirth to be reached; now, the darkness of life’s ruinations overshadow us all.  There are no promises or instructions of “how to” when we are born; only a meandering sense of anarchy by which we are shoved into and respond by the seat of our pants.  In the end, life’s ruinations are determined by the choices we make, and are well within the control of our willpower to map out fate, destiny and the avenues of alternatives offered.

For Federal employees and U.S. Postal workers who see the coming signs – of increasing harassment, administrative pressures and managerial sanctions – it is time to begin preparing.  Filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, if and when a Federal or Postal employee under FERS, CSRS or CSRS Offset becomes disabled as a result of a medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, is a necessary step in sidestepping and avoiding those pesky forks in the road which represent life’s ruinations.

In such instances, Google won’t help, and even an expensive GPS device won’t be of much use.  Instead, it is an individual choice to be made, and the time is ripe when you realize that life’s ruinations are often the result of procrastination and delay in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with OPM forthwith.

Sincerely,

Robert R. McGill, Esquire

 

Medical Removal and/or Retirement from Federal Position: The cultivated soul

The loss in Western Civilization of the pursuance of Truth (note the capitalization of the term, in contradistinction from the mundane daily tropes of common factual observations, such as the classic example of pointing to an object and making a declarative utterance, for purely identification’s sake) has resulted in a vacuum of sorts; the consequences reverberate by group identification and causes aggregated based upon preference and subjective elevation of all things decadent.

No one ever talks about the angels of yore; or of the priority of character, and whether the intellect should rule, the appetitive would be subjugated, and the passions controlled.  All animals have equal rights (or so my dogs always believed, anyway, as if there was ever any question in the household); and the human species no longer retains the lofty position once held, where angels sometimes visited and the gods would intervene in playful fits with fated concubines.

The very idea of a cultivated soul once meant something; now, replacements arrive daily in doses of self-improvement programs, soothing the egos of hurt childhoods and health combines where metamorphosis no longer connotes Kafka’s transformational metaphor of a tortured essence of humanity, but merely the mundane wants and fantasies of stardom and being able to be accepted into the superficial realm of the “beautiful” set.

Kardashian and Kanye aside, the great multitude of goals set, priorities garnered, and teleological ends met, no longer includes the antiquated construct of the cultivated soul.  We certainly continue to give lipservice to such latent antiquities; of how education is all important (though the focus is merely upon the ends — of grades and padding of resumes, as opposed to the substantive content of one’s character); and of becoming a “responsible adult” with independence and empathy of character remaining a striving purpose of life itself (despite the ballooning debt and deteriorating economy which undermines all such youthful goals).

Where did that voice go, vanished and vanquished in the shattered inner self where the quiet reflection once persuaded and convinced us all that the hidden worth of a human being could still rise from the ashes of a regenerated Phoenix, when gods still protected and the shriveled remains of a tortured goblin would scurry away into the far corners of an empty universe?  The cultivated soul always needed time; it required reflection, solitude, and a peaceful self-assurance that the coming days would produce a moment of relapse into the timeless carriages of a rhythmic ride through life’s trials and travails.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition no longer allows for continuation in one’s Federal or Postal position, the concept of a cultivated soul may be of a distance beyond a bridge too far.  Pain, agony; cognitive dysfunctions and progressive deterioration; these are the daily hallmarks for the Federal or Postal employee in the present circumstances and currency of today’s slice of life.  But that is precisely why it is important to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset.

For, whether the rest of the world recognizes the sustaining force of Truth in a world condoned by Falsity, the objective world still recognizes that the true essence of the human species will always reverberate amidst the cultivated souls, and to attain and achieve that end, one must first get beyond the medical condition suffered, and begin the steps taken towards a plateau of living where health has been achieved, and the quietude of a contemplative moment may yet be grasped.

Sincerely,

Robert R. McGill, Esquire