Tag Archives: inability to perform job duties proposed medical removal

Federal & Postal Early Medical Retirement: The Ornament of Language

We have all come across that experience — of people who talk, but say nothing; of eloquence without substance; or of the “great talker” who, after the party is over, stands alone in the solitary corner of irrelevance.

Language is meant to communicate; moreover, to provide the narrative of life and living.  The ornament of language — those hanging extras and decorations meant to embellish and enhance — is provided for various purposes, including exaggeration and to make it more “interesting”.

The question encountered in any narrative is to ask: How much bare-bones substance and to what extent ornamentation?  This is like the question: How much history should be provided, and to what extent, context and personal asides?

For Federal employees and U.S. Postal workers who suffer from a medical condition and must submit a Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management, the question of content and substance as opposed to background information often triggers the concern about the ornament of language.

Precision is preferred; tangents should be avoided; the foundation of a case should be solidly constructed.

Contact an OPM Lawyer who specializes in OPM Disability Retirement Law and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS with both the substantive content of a persuasive legal argument as well as the ornament of language which will compel the U.S. Office of Personnel Management to approve your case.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Employee Disability Retirement: The Non-Existent Door

It is the door which should exist, but doesn’t.

The Non-Existent door includes: The one with the sign on it which says, “Office of Reputation Restoration Once the Truth Comes Out” — you know, the place where your reputation is restored after it turns out that things people said about you weren’t true, after all.  Or, how about: “Office of Refunds — A Dollar for Each Day Your Kids were Ungrateful”.  This is the office where you suddenly become extraordinarily wealthy for all of the effort you put into raising your kids, but where you never received any thanks.  Or, the door with the sign which reads: “Office of Body Parts and Replacements” — where you can trade in a bad back or a bum knee for a brand new one.

Well, such an office door does “somewhat” exist, in that a doctor can do their best to try and repair certain medical conditions.  Unfortunately, the science of medicine has not yet been perfected, and until it has, we have to continue to live lives which must take into account various medical conditions which are not ultimately curable, and have become chronic and restrictive.

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, filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management is often the only available response to the Non-Existent Door — the one which says, “Office Where You can Keep your Job despite your Medical Conditions”.

Contact a retirement attorney who specializes in Federal Employee Disability Retirement Law, and enter the door not of Non-Existence, but of an existence entitled, “Federal Disability Retirement annuitant”.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Medical Retirement: Stupid Mistakes

Of course, one can argue that all mistakes, by their very definition, are “stupid”; but, of course, that would then make the entire concept differentiating between “mistakes” and “stupid mistakes” disappear, as the distinction between the bifurcated differences becomes one and the same.

It is a difficult concept to define; yet, we know when we or others have made them.  When we make them, we slap our forehead and say, “Duh!”  When another person makes one, we try to put a gentle cover over it — if we care at all for the person; if it was made by a child; when we know that the other person is “sensitive” to criticism, etc. — and try and say things like, “Oh, it’s okay, anyone could have made that mistake”.  On the other hand, when it is made by someone whom we dislike, is arrogant or condescending (or all three), we get the joy of “rubbing it in” and say offhand things like, “Boy, not even stupid ol’ me would have made a mistake like that!”

“Stupid” mistakes are distinct from “common” errors; the former is made without thought, while the latter is often made with thought, but without knowing the inherent consequences contained.

For Federal employees and U.S Postal workers who suffer from a medical condition, and where the medical condition may require the Federal or Postal employee to consider filing for Federal Disability Retirement benefits through OPM, one wants to — if at all possible — avoid not only the “common” mistakes, but the “stupid” ones, as well.  Mistakes happen; we all make them; but the one mistake that cannot be corrected once a Federal Disability Retirement application is filed with the U.S. Office of Personnel Management, is the one where “blinders” are placed upon OPM once OPM sees something.

It is thus important to consult with an attorney who specializes in Federal Disability Retirement Law, lest the “common” mistake turns out to be a “stupid” mistake that cannot be corrected.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Factors to consider

The universe of thoughtful decision-making shrinks exponentially and in direct correlation with the pertinent and relevant information gathered, and it is too often the case that factors not considered are the very ones which lead to a non-decision or, more importantly, to a wrong conclusion.

What factors should be considered when a Federal or Postal employee is going to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset?

Certainly, age can be a factor — for, if OPM engages in a recalculation of a Federal Disability Retirement annuity at age 62, and you are fast approaching that age, the factor of “how long it takes” to get an OPM Disability Retirement approved (about a year, give or take a few months on either side of the equation); whether you get any backpay once it is approved (back to the last day your Agency or the Postal Service has paid you anything); and whether the time you are on Federal Disability Retirement counts towards your total number of years accrued until the recalculation age at 62 (it does) — should all be factors to consider.

Further, even if you are still relatively young, should those same factors be considered?  The short answer is an unequivocal “yes” — and probably many others, besides, including: Do I intend on working at another job in the private sector while on Federal Disability Retirement?  Do I have Service-Connected disabilities that can play a factor [sic] in the factors to be considered?

The universe of factors to consider in preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, are innumerable; and then, there are likely factors that you have not even considered, but which may be prompted by consulting with an attorney who has already considered multiple factors besides, and who may be able to guide you in this complex process called “OPM Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Sorrow behind the facade

How do we know a person’s sorrow?  Of other emotions, we question and retain suspicions, but why is sorrow placed on a separate plane, untouchable and abandoned as sincere despite warranted evidence to the contrary?  Of love, we question constantly — as to sincerity, whether fidelity has been maintained and preserved; of joy or happiness, daily do we self-analyze and evaluate; but of sorrow — once the tears pour forth upon the event learned and considered, there are few who doubt for fear of being tarred as the cynic who had no feelings or remorse.

There are instances — of an unnamed president who purportedly was seen joking and laughing on his way to the funeral, but suddenly turned dour and despondent in facial expression once recognition was noted of cameras filming and spectators observing; or perhaps there are relatives who are known to have hated a deceased kin, but arrived at the funeral out of obligation and duty; of those, do we suspect a less-than-genuine sorrow?  Is it because sorrow must by necessity be attached to an event — of a death, an illness, an accident, or some other tragedy that we consider must necessarily provoke the emotional turmoil that sorrow denotes?  But then, how do we explain the other emotions that are suspected of retaining a facade and a reality beneath — again, of love and happiness?

Medical conditions, especially for Federal employees and U.S. Postal workers, are somewhat like the sorrow behind the facade.  Few will openly question it — whether because to do so is simply impolite or impolitic — but some will suspect as to its validity, especially when self-interest is at stake.  The declaration, “Is there a malingerer within our midst?” will never be openly spoken.  For, what is the evidence — excessive use of SL, AL or LWOP; frequent doctor’s appointments; inability to maintain the level of productivity previously known for; lack of focus and concentration at meetings; inability to meet deadlines, etc.

For others, these are harbingers of irritants that delay and impact the agency as a whole; for the Federal employee or Postal worker suffering from the medical condition, they are the symptoms and signs beneath the brave facade that is maintained, in order to hide the severity of the medical condition in a valiant effort to extend one’s career.  There comes a time, however, when the reality of the medical condition catches up to the hidden truth beneath the facade, and once that point is reached, 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, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

In like manner, the sorrow behind the facade is similar to the medical condition in and around the Federal agency or the U.S. Postal Service — both may be real, but it is the “proving” of it before OPM that is the hard part.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Of good humor

Can it last, and for how long?  Are there such people in this world, who wander about and retain a sense of good humor no matter what egregious worldly circumstances devastate and make destitute the trying soul?

Or, like that chime that attracts little children to run with abandon into the streets upon hearing the approach of the good humor truck – you know, the company that was sued for creating an attractive nuisance, because children respond like cats and dogs to sounds associated with tasty ice cream (come to think of it, not just children, but all of us as well) – are there people as well who are like the memories of lazy summer days just waiting with that nickel to spend upon to soothe the saliva that drips with the heat of bygone days?

Of good humor – is it merely a human trait, or do dogs, cats and even undomesticated animals possess it, as well?  Have you ever met an individual of whom we say, “Oh, he is the guy possessed with an unalterable and unique advantage in life – of good humor”?  There is something attractive, is there not – to be able to smile despite tragedy, to find the satirical side to every turn of a trial, and even to consider a chuckle in the midst of a painful encounter?  The person who can smile throughout the tides of life is one who can withstand the tsunamis of unbearable pain and tragedy.

Certainly, for Federal employees and U.S. Postal workers who must contend with the lengthy bureaucratic trials in waiting upon a Federal Disability Retirement application filed with the U.S. Office of Personnel Management, whether the Federal employee or Postal worker is under FERS, CSRS or CSRS Offset, possessing a sprinkling of good humor is somewhat of a “must” in order to endure the administrative procedures involved.

For, the choice is somewhat clear – of being the good humor truck that brings satisfaction to mouth-watering children running for relief from the heat of summer, or being that child who gets run over by the good humor truck.  In the end, the goal of getting an OPM Disability Retirement annuity is not for the purposes of good humor, but to be able to ring the chimes of life in order to step into a brighter future and a better tomorrow, no matter what flavors of ice cream may be hidden behind the panels of the good humor truck.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal Employees: Poetry’s death

By the title is not meant the terminus of the literary genre; that would be too great a claim to consider.  No; instead, it is the more subtle manner of thought, the perspective of viewing, and the approach to living.  We live by metaphors and analogies; that is what the rise of language has accomplished, where the raw violence of predatory insights in nature’s setting of surviving could no longer tolerate, but where some amount of leisure, such little calculation of foresight, and a crumb of thoughtful reserve allowed for a world of mythological beauty.

Materialism killed the purring cat.  For a time, Charles L. Dodgson – whom we all know by the pen name, “Lewis Carroll” – attempted to stem the tide of decay, and succeeded for a generation or so.

Once upon a time, parables could be understood; elven creatures and angels with wings releasing residues of golden dust, tinged with faith and tinctures of mysterious delights would pass by windows left ajar for welcoming strangers; and sleeping beauties, knights in shining armor riding upon white horses to rescue were but assumed and accepted, and not the rattling ugliness of windmills mistaken for dragons no longer existing.  We believed.

But then came science, logic and the Darwinian distance of antiseptic explanations, and we all embraced it because of its allure of pragmatic promises.  But has it brought us any greater joy or insight into life’s misgivings?

Shakespeare referred always to the alignment of the stars, and of gargoyles behind the fool’s mask; and while the inquisition of religion’s past haunts still in the corridors of forgotten subterranean memories, it is the loss of inquisitiveness which makes for greater sorrow.

Words and explanatory concepts must abide by the correspondence they convey to the greater world about; and whether the world is deemed flat, or the earth is no longer a geocentric universe but a reversal to an upside-down world constituting a heliocentric perspective, unless the believer is a seafarer or an astrophysicist attempting to calculate the incalculable in geometric complexities beyond our present concerns, what difference does it make – except that we no longer embrace the wonderland lost to the science of inchoate values.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the present pain and anguish suffered is something experienced in “real time” and impacted in actual terms, it is often poetry’s death which compels one to prepare, formulate and file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Think about it:  it is work in order to play; play is the time of leisure in order to engage in the poetry of life.  But when a medical condition forces one into a life of drudgery, where the “play” part of life is merely more work in order to get enough rest or sleep to continue in the “work” portion of living, then life as a whole becomes unbearable, and no amount of poetry can soothe the pains of this life.

That is why preparing, formulating and filing an effective Federal Employee Disability Retirement application – in order to circumvent the agony of one’s medical condition – becomes important in order to reach that plateau where one can attend to the medical conditions themselves, and further, to forestall the inevitability of poetry’s death.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Moments of Perceptual Clarity

We tend to seek that which we cannot find; apply criteria beyond rational capacity; and derive statistical results nowhere to be discovered but for quantitative input implied by imaginary output.

That single source of “meaning”; that “cause” which provides value; that lottery of life’s misgivings which fortune promised but never conveyed; and so the inheritance which Cain and Abel sought but for the love of their father and the instability which Dostoevsky described in his novels of heritage, destiny and anguish, are but filaments of our own fears and misgivings in a world which defies our limited attempts to garnish, contain and delimit.

There are moments of perceptual clarity, and then there is the rest of life.  Perhaps it appears amidst the morning fog at first dawn of light; or just before sleep overtakes, as the subconscious is allowed to enter into the rational discourse mandated by daily toil; in any event, it comes only in fleeting moments, or from the ashes of destruction and self-immolation, like the Flight of the Phoenix whom everyone else had forgotten.

For Federal employees and U.S. Postal workers who are in a conundrum, where life’s misgivings seem too complex and too confusing to move forward because of a medical condition which has curtailed the hopes and dreams once sought for, and attained through hard work and toil of sweat, the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, may become a reality only at the highest point of personal crisis.

That is often when the only moment of true clarity comes to the fore; and when that time comes, it is necessary to hold onto that time of self-revelation, and begin to seek the counsel and wisdom of others, in preparing an effective and compelling case in order to win the benefit awaiting, from OPM and through the Federal agency for whom you toiled and sacrificed.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Byzantine Iconoclasm & Compromise

It was a period in history when religious images and icons were considered heretical.  It resulted not merely in the rejection of new such images, but in the active and aggressive destruction of venerated art, sculptures, etc., and the persecution of those who created or owned them.  The term itself has come to represent an unyielding, irrational stance, unmoved by rational discourse, and even more to the point, aggressive in stamping out all opposition.

“Compromise”, on the other hand, has come to represent the ability and capacity to accept something other than the original starting points of two or more conflicting views, victims or vantage vats; for some, it reflects weakness and meekness in the willingness to capitulate beyond principles, setting aside cherished beliefs for the sake of concession and agreement.

What happens when an individual possesses the personality characteristics of an iconoclast, but circumstances dictate flexibility for compromise? Beliefs are great to have; that, and a dime, won’t even buy a cup of coffee, anymore, and it is this conflict which often arises which tempers the spirit of human pursuit and happiness of infernal contentment.

For Federal employees and U.S. Postal Workers who suffer from a medical condition, where the medical condition impacts one’s capacity and ability to perform all of the essential elements of one’s positional duties, the internal conflict between enduring the pain and turmoil of one’s medical condition, and the need to keep one’s commitment to family, employment and self-sacrifice, come to the fore, and is often reflective of the historical clash and intersecting conflict between Byzantine Iconoclasm and Compromise.

We often think that our own situation, in its microcosmic relevance, has never been known, unlikely to have been experienced, and stranger than fiction of verse.  But as Aristotle often notes in observing the physical universe, there is a “substratum” concealed by the elements merely seen by the observing eye, which continues on imperceptibly whether we know it or not; and for humans, that underlying unchangeableness falls under the generic aegis of the “human condition“.

Often, changing circumstances require a fresh perspective and a willingness to re-prioritize our lives.  For the Federal employee and U.S. Postal worker who must face the very-real prospect of a change in career and future goals because of a medical condition, the first order of priority must be one’s health and attending to his or her ongoing medical condition.

Once that has been established, then one must ask, Is continuing on in the same way — like the Byzantine iconoclast of yesteryear — impacting my health?  If the answer is a truthful, “Yes”, then one must consider preparing, formulating and filing for Federal Disability Retirement through the U.S. Office of Personnel Management, in order to attain a state of circumstances where one’s health is not progressively being destroyed by one’s employment.  For, in the end, compromise from a prior set of circumstances is not indicative of weakness or concession of principles; it is merely to embrace the wisdom of ages long ago lost, and to recognize that those images destroyed in the fervor of Byzantine Iconoclasm never extinguished the true essence of religious belief, but merely the product of human creativity in service to the principles of beauty and art.

Sincerely,

Robert R. McGill, Esquire