Tag Archives: fit for duty test failed police federal government

OPM Disability Retirement under FERS: The Value of Effort

Employers will often declare that merely “showing up” is half the battle; if so, showing up on time will more often than not complete the victory of that metaphorical battle.  The value of work is likely a “learned” response; in human beings, it does not appear to be an innate, natural gene which dominates.

In the animal kingdom, one often sees the male lion lazing around while the female of the species goes out and hunts for food.  The female lion — or “lioness” — appears the more athletic and quicker; somehow, that large mane and overdone hairdo seems to slow down the guys in the bunch.

But as necessity is the mother of invention, those documentaries of the wild sometimes capture the males putting in the effort when hunger pains prompt the value of such expenditure of stamina, blundering about in a sudden spurt of energy previously reflected with flies buzzing around the eyes of a sleeping giant.

Yes, there is value in effort, and for Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to continue in your career of choice in the Federal Government, it is often the case that the U.S. Office of Personnel Management will attempt to subvert that effort expended in trying to obtain a Federal Disability Retirement.

The question then becomes a contest between two entities expending effort: On the one side, the vast bureaucracy of the U.S. Office of Personnel Management in trying to deny you your benefits, and on the other side — you.  The value of effort — then of greater effort — may be in retaining the services of an OPM Disability Attorney who specializes in Federal Disability Retirement Law, where the value of effort is seen in the knowledge, application and citation of the relevant legal precedents which need to be invoked in order to fulfill the value of effort.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and see whether or not the value of effort can be concretized in the proper recitation of the 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.

 

Long-Term Disability Federal & Postal Employees: The Doors of Distractions

We have inadvertently invited the doors of distraction to not only open, but to continually remain open.  It is like the machine created by someone, and now we have forgotten how to switch the machine off, let alone recall where the switch is located.

Can any of us read a novel, or any book, anymore, without looking at our Smart Phone every few minutes?  Or, even if we remember to put our phone somewhere away from our immediate proximity with the view that such a foolish preventive measure will allow us to have enhanced focus and concentration, how often do we nevertheless pause and wonder, “Did I hear a notification of some sort”?

We appease the self-evident damage to the re-wiring of the brain by claiming that, “Oh, isn’t it wonderful how we can multi-task with such efficiency?” — when, in fact, it is merely a frenzy of distractions which continually limits and restricts our ability to remain focused upon any single endeavor, at the expense of being perpetually distracted without accomplishing a single thing.

The doors of distraction are now fully opened, and for Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition itself is also another door of distraction, you should contact a FERS attorney who specializes in Federal Disability Retirement Law.

With the counsel and guidance of a Federal lawyer who specializes in Federal Disability Retirement Law exclusively, you may be able to retire medically and, at least, close that particular door of distraction.

Sincerely,

Robert R. McGill, Lawyer
Federal Disability Retirement Attorney

    

FERS Disability Retirement for Civilian Federal Employees: Necessity by Choice

There are always options; it is just that, because some of the alternatives presented are either unfathomable or illogical, we deem them to be “not” viable choices to consider.  The necessity of filing for Federal Employee Disability Retirement under FERS is often viewed in that manner: It is a necessity — yes, by choice, but only because all other options have become untenable.

The Federal employee or U.S. Postal worker does not come to making such a decision because he or she really has any other say in the matter.  Staying at the job with the deteriorating condition is really not an option.  Simply resigning and walking away with nothing to show for all of the hard work expended is unthinkable.

There are, for the few fortunate, the choice of an early retirement, or having reached that MRA crossroad; but such choices are limited and often not economically viable.  And so the necessity by choice must be faced: Unable to continue in the job because of a medical condition, OPM Disability Retirement is the only option left.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal or Postal Disability Retirement application because the necessity has prompted the choosing of the only viable option left.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Medical Retirement: Summer Respite?

Isn’t that what we long for?  Those “dog days of summer”, when a slight respite is tacitly agreed to by everyone, or most everyone.  Like weekends; like informal truces presumed between enemy forces; Christmas week; New Year’s Eve; the Thanksgiving Holidays; and once upon a time Easter Week was solemnly observed where most people took a time of reflection to redirect sacred oaths and faithful commitments.

The summer respite is quite different.  Not marking any particular occasion nor recognizing a specific remembrance, it is nevertheless a time somewhere in the searing and unrelenting heat of summer that everyone suddenly slows down.  Whether by osmosis of a transcendent metabolic engineering that is inherent in all human beings, or just a faint comprehension that we all need a break, the time for a summer respite is traditionally recognized by all.

These are peculiar times, however.  With half of the nation experiencing economic concerns and the other half still battling the pandemic, there isn’t time for the yearly cycle of a summer respite.  Medical conditions are like that, too.  It robs us of that summer respite, or of any respite at all.

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 having any respite from the daily turmoil of life’s challenges, contact an OPM Federal Disability Retirement Lawyer and begin the process of preparing, formulating and filing an effective Federal Employee FERS Disability Retirement application with the U.S. Office of Personnel Management.

While it may not get you the summer respite you were looking for, it will offer you the lifetime respite from having to have to endure the unendurable turmoil of continuing in a job which you can no longer do.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The Audience

We shall see.  Sports without an audience.  There have been enough psychological studies done to establish that people — including groups of people (i.e., teams) — act and react differently in comparative analysis between behaving before crowds as opposed to without them.  The greatest performers have been those who “know” their audience.  In other words, the “crowd pleasers”, the ones who can manipulate the emotional responses of the audience, etc.

Do some play for the 6 o’clock highlights?  Does a spectacular play become so when no one is watching?  Yes, yes, there is the television audience; but the fans once removed is like the tree that falls in the forest without anyone witnessing it; the tree does indeed fall, but the silence that surrounds is what dominates.  We shall see.

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, remember who our audience is: It is not your Agency; it is not your Supervisor or your coworkers; it is a separate agency altogether — the U.S. Office of Personnel Management.

It is a paper presentation to OPM, and how it is characterized, what is presented, the extent and quality of the presentation — these all matter.  For, in the end, the “To Whom” is always crucial in every arena of play — whether in sports, in law, or even in the privacy of one’s home; it is the audience that makes the difference.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: Consider the Alternatives

In making any decision, it is always important that one consider the alternatives available.  It is the decision made in isolation — of contending with thoughts, fears and misinformation within a vacuum of not knowing — that often results in disastrous decisions made without consulting and considering the alternatives available.

For Federal employees and U.S. Postal workers who suffer from a medical condition where that 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 choices are often stark and clear: Stay at a job or career which is no longer sustainable, and where the Agency will increasingly harass and punitively initiate actions in an effort to remove you; resign and walk away with nothing; or, in the best alternative available, file for Federal Disability Retirement benefits under FERS.

Sometimes, of course, the “unexpected” alternative can occur: For example, a person who has filed for FERS Disability Retirement benefits is offered a reassignment that is both acceptable and accommodating to one’s medical condition, and continuation in the Federal Workforce is thus possible.  In most instances, however, filing for Federal Disability Retirement benefits is “The” alternative, and the only viable one available, but even such an alternative must be considered carefully in light of the existing laws, the potentiality for problems to be encountered, and the resistance met by the U.S. Office of Personnel Management for the multiple and varied reasons that OPM bases its denials upon.

Considering the alternatives is not just a matter of whether and when to file, but to be cognizant of the difficulties ahead in preparing, formulating and filing an effective Federal Disability Retirement application with OPM; and in order to do that, you should consult with an attorney who specializes in Federal Disability Retirement Law under FERS, through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The Past Upon Present

The guru dressed in flowing white garb may claim that the past is a fiction; those various “self-help” books will often declare that time is merely a continuum where we can only control that which is in the immediacy of our presence; and various philosophers have stated that the relativity of time must always be seen from the perspective of the “now”.

There is no doubt, however, that in the practical work-world, the past remains within the purview of haunting consequences.  Whether of youthful indiscretions or a darker past of substantial historical relevance more than a mere raising of one’s eyebrow, past performance is often used as an indicator of present behavior and conduct.  If a person has been convicted of embezzlement, does one consider that past in hiring practices for positions of responsibility — especially where money is involved?

Those who wave off the relevance of such considerations simply do not live in the real world.  We cannot avoid our past anymore than others will ignore it.  And so it is in Federal Disability Retirement Law, where the U.S. Office of Personnel Management will often place undue weight upon Performance Appraisals, cash bonus issues and whether there have been any deficiencies in performance, conduct or attendance in assessing and evaluating a Federal Disability Retirement application under FERS.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law before initiating a process where your past may not be your best friend or, even if it is, whether you may yet be stabbed in the back — metaphorically speaking, of course.

Sincerely,

Robert R. McGill, Esquire 
FERS Disability Retirement Lawyer

  

Federal & Postal Disability Retirement: A Wound Unhealed

They can remain hidden for a time.  If kept clean, it can even be contained.  If of a psychiatric nature, it will likely manifest itself under certain circumstances; and, of course, stress can play a major role in its exacerbation and magnification.  A wound unhealed can fester and worsen; and the deteriorating nature of its state of non-attendance can become chronic and debilitating.  A wound unhealed; it can be ignored for a time, concealed and even allowed to remain — at least for a limited period.  But then others begin to notice it; it becomes an interference; it continues to expand and intrude.

For Federal employees and U.S. Postal workers who suffer from a medical condition — like a wound unhealed — such that the medical condition begins to interfere with one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, it may be time to take the path of healing and consider filing for Federal Disability Retirement benefits.  Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and begin to attend to the growing, expanding condition that continues to gnaw and fester. The alternative is to continue to allow for it to remain unhealed, until that time when it becomes an emergency.

Sincerely,

Robert R. McGill, Esquire