Tag Archives: job related stress disability in federal government

OPM Disability Retirement Benefits: Joy

It is the cousin of happiness, the nephew of contentment; or, the shadow to a smile and a residue of pleasure.  Joy is what we are supposed to experience, as evidenced by the seasons of Christmas and the New Year.  The smile which is forced; the laughter that sounds hollow; the caricature of the Norman Rockwell painting — and by contrast, the life which most of us live and encounter.

Much of life is a struggle, strangling the pop-up moments where joy might peek around the corner.  It is a wonder that most people don’t all become Buddhists, and will themselves to believe that the world around them is merely an illusion, given the sadness which prevails in most lives.

For Federal employees and U.S. Postal workers who suffer from a chronic and increasingly, progressively debilitating medical condition, “joy” is often the last cousin to enter the household.

Contact an OPM Attorney to discuss the possibility of filing for Federal Disability Retirement benefits under FERS, especially where joy is no longer the nephew to embrace because he has already left for other, happier circumstances.

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.

 

Medical Retirement for FERS Employees: The Person You are Not

We are, of course, both the person of whom we present, as well as the person we are not — not known as; not publicly announced; not revealed.  Much of the private life of those we publicly admire or hold up on pedestals turn out to be ugly and better left alone.  Things which have been hidden and concealed are done often for good reasons: the light of public display is not where the creepy-crawlies of one’s life should be.

The old adage is normally true: If you want to admire a public figure, don’t go looking under the rocks and closets, lest what is revealed might dampen your enthusiasm of admiration.  Yet, for the ordinary person, the person you are not is merely that part of you which not too many are familiar with, but which reveals the greater essence — of hobbies unknown; of kind acts not publicly shared; of a remarkable past undiscovered, etc.  We are never the person “just” as we appear.

That is why, for Federal and Postal employees 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 tawdry and uncaring attitude of one’s Federal agency or Postal unit when a person needs to file for OPM Disability Retirement benefits under FERS is often quite hurtful.

For, to be relegated as merely that person who wants to get a “benefit” while ignoring the lifetime of dedication to work and trying to do the best one can while struggling with a medical condition is to view the person in a one-dimensional way.  OPM has a tendency to do that — of treating you as the person you are not, especially when they deny you and characterize your application in a way that should not be.

Contact an OPM Lawyer who specializes in FERS Disability Retirement Law and begin the process of getting your retirement benefits approved so that you can go on your way to being the person you are, and not the person you are not.

Sincerely,

Robert R. McGill, Lawyer 
OPM Disability Retirement Lawyer

    

OPM Medical Retirement: Tomorrow and the day after

Tomorrow is for delay; to procrastinate, the day after.  Isn’t that the adage that recognizes what is truly going on — of saying, “Oh, I will get to that tomorrow”, but when asked about a project you dread (perhaps the unfinished novel that has sat in the bottom desk drawer for the past year; the basement that needs cleaning; the shed where all unused items and discarded castaways need “straightening up”, etc.), it is always to be accomplished “the day after tomorrow”.

Why is it that tomorrow may yet come and become realized, but the day after that somehow never arrives?  Is a single day delayed beyond the thought of tomorrow somehow too far from the reality of today such that it never arrives beside the closeness of tomorrow?

Saturday brings the smile of Sunday yet to be enjoyed, and leaves Monday too far to worry about, just as Sunday brings the anxiety of Monday because Monday is merely tomorrow and not the day after that.

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 delay in postponing the preparation of a 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, is often understandable because it is, indeed, a “major step” into the unknown beyond, where careers must change, life enters a period of upheaval and the future holds a modicum of uncertainty.

But while delay until tomorrow may be reasonable, don’t let the “Day after Tomorrow” catch you into a trap where tomorrow never comes except in a rush where tomorrow’s exigency suddenly becomes an emergency too far delayed.

Filing for Federal Disability Retirement benefits is something no one thought about for tomorrow; but tomorrow quickly becomes today, and for the Federal or Postal employee suffering from a medical condition, the today that was once tomorrow’s comfort of delay will not change the reality of what must be done the day after.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Pathway of Choice

Pathways are peculiar entities; pre-Google Map times, they were a maze of forbidden routes, romanticized by a generation who were familiar with the television series, Route 66, and about hitchhiking, wrong turns, Robert Frost’s famous poem and Rand McNally road maps.

Now, of course, Google guides, directs, and (sometimes) allows for avoidance of unnecessary delays.  But is it the pathway of choice, and even more importantly, is the pathway chosen the best one for each one of us, the most advantageous for us, and the one which ultimately is in our best interests?  If the pathway that is chosen is simply so because all others are never known, or merely because that is the Robert-Frost-look-alike, when in fact it is delimited because of our lack of knowledge, is it really out of choice or of necessity?

Perhaps the career chosen is not turning out to be the realization of one’s dreams; or, as sometimes happens, an unfortunate set of circumstances has intervened — like a medical condition — and suddenly the pathway of choice that we thought would fulfill our hopes and dreams no longer seems possible; then what?

For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition no longer allows us to perform all of the essential elements of the Federal or Postal positional duties, the pathway of choice for the immediate future may seem constricted:  Stay put and suffer; walk away with nothing; or, prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

That is the tripartite fork in the immediate road on the way to one’s pathway of choice; but then, there are other “forks in the road” beyond, such as being able to work at another job after one has been approved for Federal Disability Retirement benefits, whether in the private sector or in a state, county or municipal employment scenario.

Don’t be restricted to the immediacy of one’s pathway of choice, for there are many forks beyond, and the pathway of choice as dictated by Google maps only tells you which turn to make in the next quarter mile, and not about what may be chosen in future lives yet unforeseen.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Ikebana and life

Flower arrangement is an ancient art form that reflects the conduit of living.  If you look up the etymology in wikipedia, the term is derived from 2 simple concepts in Japanese: “Ikeru” (meaning, “to live” or “living”) and “hana” (as “flower”).  Thus, the two concepts combined form the compound meaning that embraces multiple connotations — of paralleling one’s manner of living by the arrangement of flowers that fill the home; of the appreciation of such arrangement in reflecting the order or disorder in one’s own life; and of allowing the fragrance of life to permeate throughout one’s personal circumstances, etc.

The type of arrangement one engages; the sparseness or fullness that one orders; the manner in which color and form are aggregated, placed, trimmed and gathered — these can all mirror and duplicate the parallel universe of one’s own life.  An Ikebana arrangement can reveal much, both about a person and the inner soul, the life’s worth, the worthiness of deeds accomplished, and the lifetime of the values imparted.

Medical conditions can do the same — they tell not only about a person’s will to live and the endurance of pain and suffering within this world, but also about everyone else and how a society treats its workers.

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 the Federal or Postal job, the long and arduous journey through one’s medical condition must be met with the complex administrative process of filing an effective Federal Disability Retirement application.

Through such a bureaucratic process, one will encounter the same things that are reflected in Ikebana and life: of a life that must be rearranged; of colors, shadows and hues that must be mixed and matched; and of the ordering of priorities encountered, the changes of that which thrives or wilts; all of these, like Ikebana and life itself, must be considered when preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Identifying the Substantive Significance

We all know people who meander; whether aimlessly, or with thoughtful purpose, but in a circuitous manner belying of deliberate direction.  Instead of focusing upon the subject matter discussed, perhaps the creative impulse within constantly distracts, and so the splatter and spew of words and sentences are never formulated into a singular track from Point A to Point B, but rather, like the dow jones graph of recent phenomena, directionless outputs traversing the entire spectrum of possible ideas to touch upon.

Such creative constituents of unconventional thought processes make for interesting lives; if everyone spoke in formulations of straight methodological contents, science would rule the universe, and statistical boredom would control the monotony of the daily drone.  But recognizing the substantive core of a subject can be necessary, at crucial moments; identification, formulation and focus upon that which is significant, as opposed to peripheral matters which may be of importance in a personal manner, but irrelevant in the context of the business world or technical endeavors, cannot always be overlooked or dismissed merely for the sake of upholding creativity or charm.

The bomb expert attempting to deactivate the explosive mechanism cannot wander in thought from the task at hand; identification of that which is substantively significant must always be the primary focus of the detail, and wavering from that course of thought-process may have more than mere theoretical consequences and repercussions.

For the Federal employee and the U.S. Postal worker who suffers 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 positional duties in the Federal agency or the U.S. Postal Service, the need to file for a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset, requires a level of focus, concentration, and capacity to identify the core issues to be discussed, and to create the proper legal nexus which satisfies the multiple criteria required in order to meet the eligibility mandates delineated by OPM regulations and laws.

As with every endeavor of life, preparing, formulating and filing for Federal and Postal Disability Retirement benefits through OPM is never merely a logical algorithm of mathematical precision; yes, it involves a level of creativity, especially because it must inform the OPM specialist of the narrative of the medical condition and its impact upon one’s professional and personal life.  But in the end, the Federal employee and U.S. Postal worker must be able to identify the substantive significance of the facts, the law, and the coexisting intersection and interplay between the two, in formulating an effective Statement of Disability as prepared on SF 3112A.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

  

Medical Retirement from Federal Jobs: Prerogatives

The exclusivity of a right or privilege can remain dormant until asserted; and assertion triggers and activates, and suddenly that which consisted merely of quietude and inertia, becomes the centrality of controversy, contention and adversarial encounter.  Much of life is like that; resembling the proverbial elephant in the sitting room, or the decaying clump of unidentified derivation of unseemly scents, people tend to avoid and take a wide berth while acting “as if” throughout the day, the week, a year, and in a lifetime.

In olden days of yore, the “prerogative” was retained by the King, the Crown and the Papacy to assert or not, depending often upon the whims of emotional and political turmoil.  The fact of inactivity or inertia with respect to the right or privilege did not result in the loss of it; rather, it merely meant that the non-use of power only magnified the unlimited potentiality for tyranny.  One doesn’t lose something merely because it isn’t used; unless, of course, you are a common man or woman without power or purpose.

For Federal employees and U.S. Postal workers who have been “allowed” by one’s agency or the U.S. Postal Service to continue to remain in one’s position at the “prerogative” of the agency or the U.S. Postal Service, by being retained in some capacity of “light duty” or informal arrangement of “less-than-full-duty” status, the attitude and atmosphere can be likened to the Royal Family allowing and granting a limited dispensation at the mercy of the Crown, and always with humble subservience of gratitude and metaphorical acts of low-bowing.

While it is dangerous to be indebted to someone else for too much, the greater travail is to believe that one owes something of value when in fact no such indebtedness ever existed.

For Federal and 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 positional duties, the fact that the Federal agency or the U.S. Postal Service “says” that it is “accommodating” the Federal or Postal employee, does not necessarily make it so.

The prerogative to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, always remains and is retained by the Federal or Postal employee, even throughout a circumstance and situation where the Federal agency or the U.S. Postal Service contends that the Federal or Postal employee is being “accommodated”.  For, the term itself is one of art, and “accommodation” — in order to be a legally viable accommodation — must meet certain standards and rise to a level of legal sufficiency.

The mere fact that the Federal agency on High says it is so, no longer applies; for, despite its claim to greater status of Royalty, the days of uncontested power through mere lineage no longer exists, except perhaps in the feeble minds of the commoner who treads the hallways of Federal agencies and U.S. Post Offices with fear, trembling, and humble subservience.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Life as a Byproduct

When it happens, or how, is of insignificant notice; the incremental arrival, where past segments of time seemed to traverse epochs where memories captured mere millennia of lifetimes; and then, one day, you wake up and yawn, and your life has taken on an incidental, tertiary level of importance.  One has been living by negation for so long, any positive or affirmative step has become a ghost of not just a Christmas past, but of decades evaporated.

Can life long be lived as a mere byproduct, where time, space and the centrality of one’s essence is shoved aside, and separateness of identity is relegated to occasional hellos and furtive glances of suspicious canopies?   Can a life of negation — of avoiding pain, trying to merely survive the day, or of constantly worrying about the next adverse action which might be initiated against you — is that “living”, or merely life as a byproduct?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition (whether physical exclusively, psychiatric, or a cross-combination of both) prevents the Federal or Postal worker from being able to perform one or more of the essential elements of one’s positional duties, the daily grind of avoidance, fearful of the next stressor of the day, and the constant battle to get some recuperative period of rest and peace away from the turmoil of work and one’s constant fight against the medical condition, leaves the human soul depleted and defeated, to the extent that life is merely a secondary and incidental experience; the true and focused task is intertwined with fear, angst and dread for each day.  Is that really a way to live?

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not be the answer to all of life’s problems; but for that segment of society, the Federal Sector and the U.S. Postal Service employees — it is at least a small step and a beginning.

Life’s problems did not aggregate in a single day; and just as the ancient Chinese proverb admonished that a journey of a thousand miles begins with a single step, so the life of a Federal or Postal employee can return to the essence of being, as opposed to a mere byproduct, when once we take steps to attain a level of restorative peace and begin to fulfill promises made but broken in past moments of progressive deterioration, when health was once taken for granted but now considered the gift of blessings forgotten in previous baskets of happiness and joy, lost but never forever regretted.

Sincerely,

Robert R. McGill, Esquire