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    • Accommodation and Light Duty (40)
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OPM Retirement for Mental or Physical Incapacity: Citing cases

Posted on October 17, 2018 by Federal Disability Retirement Attorney

The strength of a case is not further reinforced by the mere citing of legal precedents; rather, it is the use of the substantive application that makes for persuasive argumentation.  Often, cases are cited in a dizzying plethora of listings, of names and titles of legal opinions amassed in greater paragraphs of listings to impress upon the garnered support of the legal opinions allegedly providing for an unsurmountable wall of irrefutable authority; but upon further inspection, many of the cases are merely regurgitations of prior opinions and precedents, and add nothing to the substantive force of the point trying to be made.

Good things are “good” because of the goodness within them, but when one begins to believe that “goodness” comes not from the element of goodness but from the quantity instead of the quality, then we all fall into the self-contradictory trap of utilitarianism, where we fail to recognize that too much of something destroys the very goodness engendered by the good.

Just ask the kid who ate a gallon of ice cream and sat on the toilet seat for an hour with a stomach ache — whether ice cream taken to meeting one’s imagination of what heaven encompasses is still “good” in quantities that have no limitations.

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 process of amassing the complex information in order to “argue” one’s Federal Disability Retirement application should, at a minimum, include the citing of “basic” cases found in “The Law”.

This is necessary in order to reinforce the justification that one’s Federal Disability Retirement application is supported by the legal precedents that have held sway for decades on end.  Citing cases is important; citing the right cases is even more important; citing the relevant cases is very important; citing the relevant and significant cases and arguing as to why they are being cited — now, that is the most important approach of all.

Sincerely,

Robert R. McGill, Esquire

 

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Lawyer Representation for OPM Disability Retirement: The time watcher

Posted on June 18, 2018 by OPM Disability Retirement Lawyer

How many times (stated in the numerical sense) do we watch the time (in the alternative sense)?  Do we waste time by keeping an eye on time, or is it prudent because it forces us to maintain a “schedule” or mandate a strict adherence to a regimen of activities to be performed, chores to have accomplished and work to be completed?  Does watching time save time or merely waste it?

Say a person keeps looking at his watch (or is this in and of itself an anachronism, now, as everyone merely lights up the smart phone which has made wrist watches outmoded?), and you notice that he does so systematically — say, every 5 – 10 minutes.  Then, at precisely 5 o’clock, he gets up from his desk, puts on his coat and leaves the office.  You realize that for the past hour, all that this person had been doing was to check the time in anticipation of leaving at a certain time.  Whether any actual work was completed; whether the watching of time contributed to any productivity, etc., is of relevance, are they not?

For, the time watcher watches the time pass, and it matters as to the reason underlying the very watching of time.  It one watches the time in order to meet a deadline, say, or pace one’s self in a race, etc., then does it make it more productive than if one simply waits for the last hour to pass in order to go on to something else?

Time watching is certainly something which we all do, but as to its usefulness will often depend upon the reason why it is engaged — as in, for “negative” purposes, like “passing the time” in order for a specific moment to arrive, or for “positive” reasons, as in monitoring the passing of time while engaging in a certain type of activity, etc.  The harmless activity of time watching becomes magnified in exaggerated form when the very “watching” itself becomes the central activity — sort of like the notion of “we live with the expectation of dying”.

For Federal employees and U.S. Postal workers who realize that one’s times are “numbered” (both in the numerical sense as well as in a metaphorical usage) because of one’s medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Whether the Federal employee or the U.S. Postal Service worker is under FERS, CSRS or CSRS Offset, the watchful time watcher who watches as others whittle away the time wondering whether the next harassing initiation of an administrative sanction will be imposed by the agency, or of the watchful waiting to see if you fail to meet the standards of an imposed PIP — watching the time pass to see if you can make it to retirement age or time-in-service computation is no way to live.

If a medical condition is impacting your ability to perform the essential elements of your job, it is time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.  It is time — or past the time — to merely think about it; rather, it is now time to act, and not remain as a passive time watcher, but to take the reigns of time and become the time watcher with a purpose.

Sincerely,

Robert R. McGill, Esquire

 

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FERS & CSRS Disability Retirement for Federal Employees: Trivial Pursuit

Posted on October 1, 2016 by Federal Disability Retirement Attorney

The game itself apparently reached its peak of popularity in the mid-80s.  What is so fascinating about playing the game, was that the very person who attained the highest success at it was often admired as “smart”, “intelligent” or otherwise brilliant in intellectual prowess; and yet, the name of the game itself should immediately undermine that stellar coronation of earned consolation, if by just the mere fact of admitting to possessing such tropes and tripe of information in globs of voluminous detail.

Is the thought-process as follows:  Those who have such an excess and overflow of knowledge must be smarter than the rest of us precisely because, to know such ancillary details, he or she must have a greater pool and wealth of wisdom such that the overflow is reflected in the triviality of the aggregate?  Or, is it that we presume knowledge – any knowledge – can be counted by quantity, and not by quality of technical output?  Why would the capacity and talent of being able to respond to irrelevancy constitute a basis for admiration?  And where does the line begin and end – that demarcation between knowledge and wisdom, health versus destructive fetish, or curiosity as opposed to a prurient obsession?

It reminds of the scene from one of Woody Allen’s movies, where the future wife-killer invites the couple to their apartment and begins talking to the nervous character about his stamp collection – a detail which the guest neither is interested in, nor has the slightest curiosity to pursue, and instead does his best to avoid the subject and escape without being too blatantly rude in the process.  Or of the interest and hobby which leads to a career, or perhaps a successful marketing venture, as opposed to that which merely consumes one’s time and energy in wasteful degeneration of selfish delight; is there a difference, and what marks the distinction?

There is, of course, that perennial martyrdom of defining the “trees for the forest”, or the “big picture” in contrast to the details – like that scene where the Feds are pursuing Al Capone based upon a general knowledge of his high crimes and massive illegal conspiracies, but from the corner squeaks the voice of a mousy agent with wire-rimmed glasses who suggests getting him on a technicality of tax evasion; no, it is not quite as romantic a basis, but it gets the job done.  And what of technicalities in all arenas of law –  can one presume them to be trivial pursuits, or of utilizing the details in order to win a case where others have seen only the wider expanse of unseen legal maneuvers?

For the Federal employee or U.S. Postal worker who thinks that preparing, formulating and filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, is tantamount to a trivial pursuit, the endeavor itself should be reviewed afresh.  For, while the nexus between one’s medical condition and the positional duties which comprise the aggregate of one’s essential elements must be pursued in order to establish that connection to meet the eligibility requirements for a successful Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is never a trivial matter when one is discussing the stability and security of one’s future.

In the end, it is the “details” which make the difference, and in preparing an effective Federal Disability Retirement application on behalf of the Federal or Postal employee, the attorney who assists in the Federal Disability Retirement application must always recognize that the trivial pursuit of the wider world at large is often the core foundation of the substantive content which comprises an effective OPM Disability Retirement application, and no details should be ignored in that pursuance of excellence in a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

 

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Federal Disability Retirement under FERS/CSRS: Of bad people

Posted on September 13, 2016 by Federal Disability Retirement Attorney

Is there any good in people, anymore?  Is it even relevant to distinguish between “good” and “bad”?  Yes, yes – I know; it is a devious thing to entitle a piece with one concept, then begin the discussion by embracing its antonym – a device often used by newspapers, periodicals, and short story writers of the dubious set and genre of unfashionable alternatives.  But more to the point:  in a universe and culture where moral judgments are no longer acceptable, and where equivalence of distinctions have been concretized except by religious zealots and society’s cultish outcasts, can the contradistinctions between the two have any significance or relevance for conceptual paradigms incommensurate with prior such models (to borrow a well-worn phrase by Thomas Kuhn) in order to retain any meaningful posit?

There is an inherent acknowledgment that if we ascribe a negative principle or connotation to a word, that two things must necessarily denote a contingent precedent:  First, that it is distinguishable from everything else in the universe (otherwise, if it cannot be, then everything becomes nothing, and therefore loses its efficacy of meaning); and Second, that its opposite must embrace an aura of equally virulent affirmation, lest the antonym be nothing more than a synonym of choice.

But if “goodness” is a mere societal convention constructed in the artifice of false religious histories, where idols, gods and angels once occupied now have formed a continent of mythologies no longer believed in but for those quaint societies in outlands visited by tourists who purchase trinkets for show and Instagram opportunities, then being “bad” cannot have any ascription of meaningful prose, anymore.

“Goodness” meant something, at one point; there were common threads throughout, and societal values could agree implicitly, without vocalized necessitation of explanatory expositions, and the questioning itself would bring quizzical looks of suspicion and concern, not only for the finite soul for mortality’s sake, but because to query of such self-evident devices was to presume a sort of insanity manifested against the tides of normalcy.

In modernity, of course, the antithesis is accepted:  to make a moral judgment is to be intolerant, and that is the greatest crime of all.  Yet, that in and of itself is an anomaly, because as sins are presumed to be no longer fashionable because of the Biblical context surrounding, so “good” and “evil” (or “badness”) are no longer acceptable terms.  We cannot judge, because judging requires a prerequisite of an intolerant nature, and tolerance is the reflective definition of goodness in modernity.  So, we must suffer evil in silence, and remain neutral as to the angels who visit us when misfortune arrives.

For Federal employees and U.S. Postal workers who must suffer through the employment arena knowing the hogwash of neutrality where we never judge and never appear intolerant, we witness the height of hypocrisy in the behavior of the “good” people against those with medical conditions and disabilities.

And so we have to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, because to remain at the Federal Agency or U.S. Postal Service would, again, turn the conceptual artifices upside down, where the “good” have been deemed no longer so, and the “bad” are those who seek to be accommodated, or stick around too long and irritate the “good” people of the Federal Agency or the U.S. Postal Service, which is a “bad” thing that “good” people should not be allowed to do, because it is a good bad thing in a bad good world.

Sincerely,

Robert R. McGill, Esquire

 

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Federal Employee Disability Retirement: Character Deficits

Posted on September 9, 2016 by Federal Disability Retirement Attorney

We all have them; we just never like to admit them to others (which, of course, becomes unnecessary and an irrelevancy if one has a spouse, who is more than willing with energetic bluntness and zeal to volunteer as the one to point them out, quite vocally at that, and without a hint of jealousy at not having them, and with a fury of warning looks darting at crosswinds if one dares to suggest otherwise).  Whether by deep in the recesses of forgotten caverns of childhood psyche damaged in the whirlwinds of growing up, or infected by osmosis by bad company in good times, we will never know.

Freudians believe in such origins within the occipital lobe (or was that post-Freudian or Jungian?); and Aristotle believed in the irrelevancy of such judgments until late in one’s life; but at every stage of a linear progression in life’s trials, we recognize the negation of perfection, and that is clearly represented by the mirror image of the ruling animal of this earth.

Most of us battle throughout our lives – not so much to correct the deficiencies, but to deny, rebut and otherwise patch over any allegations and prosecutorial insinuations that we have them.  In other words, we worry more about the appearance of reputation, as opposed to the essence of the core by which we exist, and to that extent, Plato was right in directing our attention to the universality of Forms, thereby concentrating our attention upon extrapolated natures and thus allowing for the conversation of human folly to be engaged in by third-person accounts and objectified measures.

Otherwise, if we look too closely to the glare of our own reflection, the ugliness of a magnified being would be too much to bear.  Has there ever been a time in history when man held closely to the self-realization of such negations of angelic features?  Perhaps when the onerous hand of belief, the days of torture in Seville when the Grand Inquisitor roamed the homes of suspected idolatry (and spurred the imagination which produced Dostoevsky’s masterpiece, The Brothers Karamazov); but even then, we all reserve our suspicions that the closeted man was just as evil, just as mischievous and likely more so in the veil of virtue and virulent self-flagellation against vices known or otherwise hidden.

For Federal employees and U.S. Postal workers who experience the modern version of a witch-hunt, it is time to prepare an effective Federal Disability Retirement application in order to escape the wrath of the Agency’s predatory appetite.  The U.S. Postal Service and the Federal Agency are predatory animals who can sniff out the scent of weakened prey; and as the Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, who has a medical condition, such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of one’s positional duties, necessarily becomes the focus of attention, it becomes an inevitability that issues involving character deficits will arise.

From the agency’s standpoint:  No longer the competent golden boy or wonder girl, but suddenly faults abound and in endless streams of negative assessments.  From the Federal or Postal employee’s perspective:  The continuing battle to prove ourselves.  Is it all worth it?  Or is it just another character deficit that we have to contend with, as we have been doing all of our tireless lives?

Sincerely,

Robert R. McGill, Esquire

 

Filed under: Reflections of an OPM Disability Retirement Lawyer, Uncategorized | Tagged: a hostile work environment at postal service causing anxiety on employee, anxiety from working in a hostile work environment in federal sector, applicant and medical narrative for fers disability retirement, apply fers medical retirement, bipolar disorder and hostile work environment in federal employment, can you get fers retirement disability for depression? yes you do but you will need to prove case since it depends on circumstances of your case, cancer and usps disability mailhandler, concerns and worries about form sf 3112c forms and application process, decision letter for removal for medical inability to perform job duties, diagnosis for medical retirement from federal government, disability cervical stenosis federal retirement, disability letter from physician to federal agency employer, disability retirement articles to employees in the federal government, disability retirement opm forms, early out federal employees and opm medical retirement benefits, federal employee disability retirement anxiety disorder depression, federal medical retirement qualifications, fers disability lawyer helping new jersey residents, fers disability medical report document, fers disability medical retirement narrative, fers disability retirement and the best insurance for your health and well-being, fers disability retirement application, fers employee accommodation for light duty ignored by federal supervisors, fers medical retirement from federal government, form sf 3112d disability, getting approved for fers disability retirement for mental illness, health insurance when separating from federal employment, how best to prepare for federal disability retirement, how does long term disability leave work for the us post office?, how long should it take for your fers disability claim to be submitted to a agent for approval? normally six to nine months but ask atty for current load as it varies, how to file for federal disability insurance benefits, how to file for opm disability, how to get long term postal stress leave or disability retirement, how to resign from post office due medical condition, how wise is to spend limited resources to fight termination of temporal owcp benefits instead of filing for permanent disability retirement?, letter carriers and back pain, letter for employee retirement due to illness, light duty disability retirement for federal employee, light duty requirements federal government and job offer is incompatible with med limitations, limited duty disability pension for usps employees, medical early retirement from federal bureau of prisons, medical retirement from federal government, medical retirement from usps, medical retirement opm attorney, new fers disability retirement forum lawyer, nj fers disability lawyer, opm 3112, opm bullying workplace causing anxiety, opm disability application unfairly rejected, opm form 71 2015 no consent, opm medical retirement for a lumbar condition, owcp fibromyalgia options, owcp ptsd early retirement lawyer, owcp stress attorney to get long term benefits, permanent rehabilitation positions outside civil service after disability retirement with the usps, postal retirement medical benefits, postal service lawyers disability retirement, ptsd help with federal employment management, resigning federal jobs due to medical conditions, rotator cuff tear disability opm medical separation, standard form 3112 for disability retirement, standard form 3112b and 3112a, status of disability retirement claim from usps, there is no such a list of opm accepted medical conditions as the ssa has, too many times employees with mental or physical conditions are placed on a performance plan, what to do if you run out of federal sick leave?, when long term stress leave federal government jobs is needed, when opm requests for additional medical documentation, working while medically retiring as a fers annuitant is possible but be careful with essential elements of former fed job, wrongful termination do to excessing at usps when a medical condition exists | Leave a comment »

Federal & Postal Disability Retirement: Deferred hope unrealized

Posted on September 8, 2016 by Federal Disability Retirement Attorney

Hope is a necessary component to life.  When one is born, there are rarely instructional manuals which accompany the organic package of severed umbilical cord, amniotic fluid, blood and plasma formed by hydrostatic forces beyond ordinary knowledge or wisdom; the entity appears, and we are left to our own devices.  But “life” cannot exist in a vacuum, though we are forged by admonitions that the tough road ahead should be traveled with fortitude, “rugged individualism” (whatever that is), and independence tantamount to abandonment.

Somehow, to live separately, away from one’s family and unit of security, is the mark of “maturity” in the West, whereas the rest of the world recognizes that the essence and value of hope lay not in separation, but within the bosom of a caring community.  And so we defer the one component which becomes a necessary essence in order to strive onward:  hope.

Hope deferred means that there is a hope upon a hope; that, one day, in some faraway land in fairytales which garner and engender a twinkle of faith in a world without charity, love or the emotional health of civilizations now lost and torn apart, we may stumble upon that which we had to delay in order to maintain our sanity.

And so we engage in those distracting projects which Heidegger pointed out (yes, that very same philosopher who took up the cause of the Third Reich, whether because of fear or belief in a false mythology that promised nothing but black boots, destruction and toil by fear) those many years ago, where avoidance of the ultimate terminus of Being is why we descend into inane conversations of untimely concerns.

Which is also why the loss of innocence so early in life, where fairytales and mythologies once enjoyed have been replaced in modernity by stories barely masked as propaganda and indoctrination, is the pathway towards despair; no longer of glass slippers or castles in the sky, but of political correctness and belief in the system of ideologies; for, a society fragmented can only retain its semblance of sanity by keeping the masses in a dazed opioid of tethered slumber.

It is when the mature realization hits us that the deferred hope – which is a hope-upon-hope – will likely remain unrealized, thus undermining the prefatory hope and debasing the foundational hope, that angst, despair and despondency sets in.  Until that moment, we have that thin thread of faith in a fragile collection of psychic composite, barely held together by some miracle of superglue, yet enough to keep us motivated in a society filled with vacuity of hopelessness in a deep chasm of endless travesties.

For the Federal employee and U.S. Postal workers whose career is about to be cut short by a medical condition, such that the medical condition necessitates the preparation, formulation and filing of an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, the deferred hope of attaining a semblance of health and reversal of sleep deprivation may be gotten by the steps taken towards an OPM filing.

If there is yet a deferred hope unrealized, it may be time – whether the Postal or Federal worker is under FERS, CSRS or CSRS Offset – to actualize that potentiality left in a well of past procrastination, by preparing an effective Federal Disability Retirement application, thus realizing that hope once deferred, and now within grasp and sight of embracing a promising future.

Sincerely,

Robert R. McGill, Esquire

 

Filed under: Miscellaneous, Uncategorized | Tagged: bureau of prisons medical retirement, can I medically retire as a civilian federal government employee if I have ptsd from the military? yes but you have to prove your case, cervical disc federal workplace, civilian medical retirement, custom and border protection disability, dod civilian medical retirement, dod firefighter medical retirement, escalating the fers disability retirement claim due to a hardship, excessive absences federal government for medical reasons, excessive owcp federal employee, federal civilian employees with traumatic brain injury from off work, federal disability retirement attorney in northern Kentucky, federal government medical separation letter, federal law enforcement disability retirement, federal maritime commission employee disability retirement, federal medical retirement due to ptsd and tbi veteran, fehb disability retirement after resignation – you have only one year to file after separation, fers early retirement for employee due to illness, fmc gov medical retirement attorney, getting approved for fers disability retirement for mental illness, government fers medical retirement forms help, help sf 3112 disability retirement forms, how long should it take for your fers disability claim to be submitted to a agent for approval? normally six to nine months but ask atty for current load as it varies, if approved for social security will I automatically be approved for federal disability retirement? it should help but not necessarily, is spinal stenosis a recognized disability with cbp disability federal government? if it affects job performance it is but then you still have a case to prove, is suffering with long term chronic pain a disability under fers? if it affects you work it may be but you will still need to prove your case, long term rolls owcp but not indefinite (not a retirement system), medical conditions impacting performance for government employees, medical disability retirement from secret service, medical early retirement from federal bureau of prisons, medical inability to perform opm, medical inability to perform removal from federal government, medical retirement from federal civil service, medical retirement from federal technician evaluation, medical retirement stress mspb, opm disability lawyer serving kentucky residents, OPM disability retirement, opm disabled employee being threatened, opm list of qualified disabilities (search for “opm accepted medical conditions” in this blog), opm long term disability insurance, opm medical conditions and reasons for medical resignation, opm medical letter of resignation due to disability, opm workers comp repetitive motion, owcp claim status plan b, owcp disability retirement guidelines, owcp retirement for stress, permanent rehabilitation positions outside civil service after disability retirement with the usps, physicians guide to writing fers disability report, postal medical retirement, postal usps disability, process of medical retirement csrs, ptsd and applying for federal retirement, reasons for opm disability retirement, retirement benefits for fed employees that are medically terminated from federal service – not automatic and you have only one year to file after termination, separated employee with csrs offset with ssd, social security or staying on owcp for life? workers comp is not a retirement system and it will terminate (wrong question to begin with), unfair proposal to remove disabled employee from federal service, USPS disability retirement, usps heart problems, usps obligation and benefits with disabled workers dol owcp schedule award plus opm federal disability retirement ford accepted carpal tunnel syndrome in federal or postal employee, usps: no work for an injured worker? that’s an old postal tactic to scare light duty employees so they’ll resign with no benefits – consider filing for post office disability retirement, which is better disability benefits from the office of personnel management or u.s. department of labor office of workers' compensation programs (owcp)? search “owcp” in this blog, will sleep apnea qualify you for federal medical retirement? most medical conditions that will interfere with job performance and last one year may qualify the issue is to prove a case | Leave a comment »

  • More on CSRS & FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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