Tag Archives: get opm disability approved and then write a recons request for schedule award (no sure but I think no status of limitations for owcp injury award but ask atty free first time consultation)

FERS Disability Retirement for Federal Employees: Stuck in Another Time

We live for a time — perhaps as a child, or sometime in our youth — then move on.  Later, perhaps someone refers to the city, town or county of those prior years, or you see a photograph of the place; what do we recall?

The memory of a prior experience, a place we once visited, a house we grew up in; despite the years which ensue, the knowledge that change occurs daily, and the realization that nothing ever stays the same: Yet, we remain stuck in another time.  We go through life saying things like, “Oh, I should take you back there — it is such a quiet and peaceful place!”  Or: “When I was growing up…”.

It is like going back to a reunion of sorts — likely, nostalgia for places once existed, results in disappointment, precisely because one’s memory, stuck in another time, never meets up to the expectation of perfection abstracted from an imperfect world.

Medical conditions have somewhat of a similar effect.  We tend to walk about with the image of youth — of that vibrant, fearless individual who once walked this earth.  Perhaps you once jumped out of planes in the military; or lifted weights, trekked through the woods for miles on end; ran, jumped, did marathons and always maintained your “fitness”.

Then, a medical condition hits.  It becomes chronic.  It progressively debilitates.  Still, stuck in another time, what is one to do?

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, consider filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

For, being stuck in another time does not mean that you should remain in a place which is no longer compatible with the current conditions you face.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal & Postal Employees: Lost Causes

It is that famous line from the 1939 movie, “Mr. Smith Goes to Washington” which is evoked by the phrase, “Lost Causes” — of the near-defeated Senator Smith who reminds his father’s old friend that once upon a time, even he had believed that such were the only ones worth fighting for.

It is an idealistic movie; perhaps, even naive.  Was it because of the time in which it was made?  Would — could — such a film be produced in this day and age?  Could there really have been such an individual with unfettered idealism in this era where cynicism and tribal warfare abounds with unlimited and unrestricted savagery?  Do we even have a conscience, anymore, which is required to fight for those “lost causes” that need an advocacy unblemished by the dirt of pessimism?

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, perhaps the medical condition itself has resulted in a perspective that one’s own career, and even life itself, has become one of those “lost causes”.

Filing for Federal Disability Retirement benefits is not the “end all” of a solution to a lost cause, but it does provide a glimmer of hope so that the Federal or Postal employee can re-focus his or her attention upon regaining one’s health.  But there is a sticking point — the U.S. Office of Personnel Management.  A denial from OPM can make it appear as if our Federal Disability Retirement application has become another one of those “lost causes”.

Consult with an experienced FERS attorney who specializes in Federal Disability Retirement Law to see whether or not what you perceive as a “lost cause” is worthy of a cause to fight for, and don’t give up so easily; for, in the end, what Senator Jefferson Smith said is what keeps that flame of hope alive — that the only causes worth fighting for are those “lost causes” that everyone else had abandoned.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The words we never use

Are they like scraps of papers left in one’s back pocket, or in the vast chasms of oversized purses that seemingly have no bottom and certainly reveal no corners?  Do we keep them in our wallets, reserve them for special occasions, or otherwise allow them to float in the ethereal universe of unclaimed inventions?  Is there a Lost-and-Found Section within an agency entitled, “U.S. Department of Words” (or, should there be) that deals exclusively with ones that are never used?  And in a pragmatic society where utility is the key for relevance, applicability, value and worth, is there any sense to pointing out that which is never used, never recalled, rarely regurgitated and almost certainly never thought of even in the privacy of soliloquies left unstated?

The words we never use can be categorized into: A. Ones we’ve never learned about nor looked up, B. Ones we once knew when once we were serious-minded students who diligently looked up every word we knew not the definition of because we wanted to better ourselves, sound more intelligent and appear with greater utterances of sophistication at cocktail parties we were never invited to — therefore, we once looked them up, memorized them, tried to use them in sentences, and then promptly forgot them, or C. Ones we never came across, have now no interest in using them because we have become old and lazy.

There is a fourth possibility — that we “know” them but “fear” that the mere utterance of them will make a nightmare of a reality we want to avoid.  “Divorce” is one such word for kids who watch their parents fight, and wonder about their own security in the universe of unstable families; “Chronic” or “intractable” are two others — for those with medical conditions who do not want to hear their doctors talk about the consequences of certain disabilities which have developed over the past couple of years.

For Federal employees and U.S. Postal workers who suffer from a medical condition where such medical conditions have now come to the point of being chronic and intractable, and thus prevents the Federal or Postal employee from continuing in his or her career with the Federal government, it is time to consider another set of words which were previously never used: Federal Disability Retirement.

Avoiding the use of words will not undo the reality surrounding the conceptual paradigms encountered; and procrastinating the thought, initiation or formulation of an effective Federal or  Postal Disability Retirement application will not make such words go away; they will remain, even if they are words which we never wanted to use.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

 

Medical Retirement from Federal Employment: The work left unfinished

If life were merely a series of projects attended to, completed and accomplished with a declaration of unassailable certitude, like a period at the end of a sentence, the final paragraph of a novel, or silence upon a speaker’s conclusion; of a linear progression forever with movement on a horizontal graph; but it is not.

Instead, the circularity of life’s problems, of concerns regurgitated and revisited because unattended or otherwise reappearing, like the aunt who visits unannounced and the uncle exhaustively referred to as the “black sheep” of the family who appears at one’s doorstep with suitcase in hand; it is the boil behind the leg that keeps resurfacing, where the ill winds of unexpected vicissitudes keeping getting a second chance when redemption is unwanted and uncalled for, but nevertheless reappears for the salvation of one’s soul.

And, in some sense, it is a salvation, isn’t it?  For, if life were a series of work completed, never to be revisited but always working without need for repairs, we would realize the finite nature of the world and care not to attend to the past.  Instead, it is precisely the work left unfinished which compels us to keep plugging along, to rewrite the list by the items we crossed off and the ones we reordered; and it tells something about one, in the manner of how that list is reorganized.

Do the items yet remaining get full status at the top of the yellow pad in the new order of priorities, or does it remain again relegated to those unwanted and undesired categories, like the illegal immigrant somehow existing but forever ignored and unnoticed, without the full rights and privileges of the legitimized constructs arriving by arbitrary choice?  We were taught as children that the work left undone reflected a character flaw, but somehow, as we grew older, we realized that but for those things left asunder, the incompleteness of life would have no value, no meaning, and ultimately no reason to live for.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents him or her from performing all of the essential elements of one’s Federal or Postal job, the work left undone often presents a dilemma of sorts: the completion of one’s career becomes untenable; each day, one falls further and further behind; and of life’s lesson ingrained from childhood, that we should always finish the plate of food we are served, cannot be fulfilled, and so we ruminate and worry, fret and flounder in this farcical mythology of linear fiction.

For such Federal employees and U.S. Postal workers, preparing 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, is the best alternative and only real solution available.  For, what we were never told is that the work left unfinished is merely in the eye of the beholder, as beauty depends upon the perspective of the audience and worth upon the buyer who desires; and that the Westerner’s world-view of a linear-based universe is certainly not shared by the Easterner who comprises the greater part of the infinite panoply, as represented by Shiva’s circle of fire.

Sincerely,

Robert R. McGill, Esquire