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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
    • Agency’s and/or Supervisor’s Actions (44)
    • Application, Appeals, and Other Medical Documentation Submitted To the OPM (43)
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    • FERS Disability Retirement Benefits: Parting the Waters
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    • Federal Employee Medical and Disability Retirement: Changing Course
    • Postal & Federal Employee Disability Retirement: To Make the Argument

Medical Retirement Benefits for US Government Employees: Repairs

Posted on May 13, 2014 by Federal Disability Retirement Attorney
Astronauts Mike Massimino and John Grunsfeld practice procedures for repairing complex spatial NASA instruments

NASA astronauts train to repair their own complex instruments in space

It is to fix or mend, often applying to inanimate objects in attempting to return it to a state of existence prior to damage or defective manifestation.  We repair cars and upholsteries; lawn mowers are good candidates, and watches and anachronistic clocks of antiquity represent a special and technical requirement of expertise well beyond the facial simplicity of the unspeaking time teller.

It is that inner working of complexity which requires one to surrender a thing of incalculable beauty to a stranger with a mysterious ocular eye piece; like some futuristic member of the Jedi Order whose knowledge of the mechanical turbulences comprised of mainsprings, pendulums, balance wheels and pinions, with a dose of magic sprinkled by the wizard of time, hands trembling over the cauldron of sorcery with mumblings of necromancy and prophetic divinations.  It is the face of the clock or watch which makes its appearance one of beatific simplicity; the ugly inner workings are hidden, covered, concealed by the skin of time and the scales of infinity.

Despite recent advances in medicine, scientists still have a long way to understand the complex human body

Despite all advances in medicine and medical research, scientists still have a long way to understand the complex human body

Humans are like that.  Though organic in nature, it is perhaps the complexity which is concealed that requires a wizardry beyond mediocrity in order to repair.

The stresses of the world impinging daily in incremental insidiousness, slowly and progressively destroying and gnawing at the internal mechanisms of complex functioning; until, one day, the spring which kept the timepiece accurate, or the pendulum which swayed to and fro in a symphony of monotonous rhythm, snaps suddenly to explode upon the surface of seeming quietude.

In common parlance, we say that he went crazy, or “postal”, or perhaps in more sublime instances of coordinated conspiracies, that a person simply could not take it any more.  Whatever the linguistic characterizations, responsibility for the damage to the time piece is never directly attributed; those who created the hostile work environment dissipate, and the sorcery of responsibility is magically disbursed into a thousand corners of ratholes to where such scoundrels scurry.

For Federal and Postal employees, whether under FERS or CSRS, there is always the option of filing for Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, in order to escape the inevitable march of time which deteriorates. It is a benefit accorded to all Federal and Postal employees. It is not an escape hatch; it is not a cop-out; it is a necessity for those Federal and Postal workers who have dedicated themselves throughout all of these years, but have come to a point of crisis where one’s medical condition has begun to erupt through the surface of concealment, and has impacted one’s ability to perform all of the essential elements of one’s job.

When conventional treatment and medication regimens won’t work anymore, it’s time to consider filing for Federal Disability Retirement benefits

When conventional treatment and medication regimens won’t work for you anymore, perhaps it’s time to consider filing for Federal Disability Retirement benefits

Just as modern technology and the worldly sophistication of today no longer relies upon the sorcery of incantations over bubbling cauldrons of mysterious but sweet-smelling ingredients, so it is often the failings of our own predilections of behavior which prevent us from moving forward towards that which is best for us. And like the time piece which needs the ocular eye managed by a futuristic Order of the Jedi, so the Federal or Postal employee needing Federal Disability Retirement may require the expertise of the appropriate counsel of choice.

Sincerely,

Robert R. McGill, Esquire

 

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FERS & CSRS Disability Retirement for Federal and USPS Workers: Reputation

Posted on February 13, 2014 by Federal Disability Retirement Attorney

Reputations are made or broken based upon winning or losing; in the modern age, where presentations of personal and professional credentials and accomplishments are pasted throughout the electronic and technological media without much thought or foresight, one can come to have a skewed idea of one’s self and image.

This is an unforgiving age; one’s reputation, which may have been built over years and decades, can easily be undermined by a single loss, an accusation, or a criticism triggered in anger.

For Federal and Postal Workers who must file for Federal Disability Retirement benefits, whether under FERS or CSRS, it is understandable that because one’s Federal Disability Retirement case may be the basis for securing one’s future, that failing to secure the benefit will result in anger and dismay.

Unfortunately, not every case can be won.

In a perfect world, it would be a welcomed result to be able to conclude that one’s record of success is without blemish.  But in this imperfect world, where a doctor may hesitate to support a case; where adverse actions by an agency may play a greater role than first thought; or where an MSPB Judge may place greater weight upon the testimony of non-supportive evidence over that which should have been sufficient to meet the preponderance of the evidence test; sometimes, cases can be lost despite the best, honest and forthright efforts of everyone involved.

In the end, however, it is merely a loss to the Federal or Postal employee attempting to get Federal Disability Retirement benefits.  What efforts were made are quickly forgotten; blame must be assigned; anger must be vented.

Not every case can be won, but only the effort to be expended, and this can only be determined over time and the extended duration of one’s reputation over such time.

Sincerely,

Robert R. McGill, Esquire

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  • 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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