Tag Archives: light duty and accommodation regulations opm and federal positions

FERS Medical Retirement from OPM: Better Days Ahead

If you have had the worst of days, then looking forward to better days becomes an undeniable fact of predictable certainty.

Good and bad days occur for all of us, whether determined by some objective standard, or by the whims of altering moods.  Like weather patterns and tempestuous personalities, the accounting of days and their qualities alter by minutes and lesser fractions thereof.

Human beings possess an excellent capacity for self-determination and defiance of fate and karma, both of which are influenced by the attitudes we display.  Can we always count on better days ahead?  And more to the point, how can we contain and circumscribe the bad days?

It has been variously pointed out that frustration is produced by the broader gap between expectation and achievement, where one’s unrealistic anticipation of goals to achieve falls far short of realistic ends annotated.  Thus, it is always essential to identify items which will come to fruition no matter what.

In other words, always include in any “to-do list” items that you are bound to be accomplished, anyway.  More importantly, circumscribe the boundaries of the current “day” and do not include more than an identifiably limited time quantification.  Stated differently, there should be a beginning time and an end point as to what constitutes a particular day.

Finally, it is always a given that we should discount Mondays — for, the day following a weekend will almost always be disastrous, no matter how we attempt to decorate it with outward appearances of successful annotations.

Are some of these tactics mere attempts at self-delusion?  Perhaps, but if we are to avoid the fates of mischievous gods who playfully attempt to throw lightning bolts in the paths of our daily lives, we must anticipate them and adjust our actions accordingly.

And for Federal employees and U.S. Post Workers who are engaged in the frustrating bureaucratic process of applying for Federal Disability Retirement benefits under FERS, any and every mechanism employed in order to sustain a sense of humor will help you survive the maddening administrative process and help you survive to a successful end.

For, sometimes, the gods who play with our lives are not those mystical creatures watchful among the clouds above, but mere mortals walking to and fro amidst the bureaucratic halls of government offices.

And to maintain your sanity, you may want to consult with a FERS Disability Lawyer who specializes in Federal Disability Retirement Law to see what legal shields may be effective against OPM’s random and capricious lightening bolts of denied applications.

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.

 

OPM Medical Disability Retirement: The Nimbus Implication

Subtlety is gone; everything must now be explicitly stated and proven.  Diplomacy was often known as the art of the subtle — of making statements which could be interpreted in multiple ways; of committing, and yet not; of appearing to be cordial while hiding the tensions of subterranean hostilities — sort of like the relationship between the United States and China, as opposed to the now-openly hostile and confrontational geopolitical interplay with Russia.

The “nimbus” is that halo often depicted over the head of a saint.  It is vague; somewhat of a haze; a luminous color that remains even when the individual walks about.  What does it imply?  Somehow, we all know — that it implies saintliness, of a purity and quality we ourselves do not possess, and when we encounter a figure who possesses it, the implication is clear and unequivocal: We have encountered the supernatural.

Federal employees and U.S. Postal workers who suffer from a medical condition which prevents the Federal or Postal worker from being able to perform all of the essential elements of his or her job, often walk about with what is tantamount to the nimbus implication — except, with the opposite effect.  Instead of saintliness, it is about being a pariah; for, over time, the Federal Agency, the Postal Service, the Supervisors of both, they all lose patience with the individual who suffers from a medical condition.

Suddenly, the nimbus implication leads to a PIP (Performance Improvement Plan); a restriction on leave usage; even discriminatory practices deliberately initiated by the Federal Agency or the Postal Unit; and, sometimes a removal from Federal Service.  The option once the nimbus implication reaches an extreme point?

File for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management.  Contact a FERS Lawyer who specializes in Federal Disability Retirement Law and begin the process of avoiding the consequences of the nimbus implication.

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.

 

Federal & Postal Employee Medical Retirement: The Mistake Unrecognized

We can always quibble about what constitutes a “mistake” — but, generally, there are circumstances described which fall into the center of the conceptual definition, those which border on the periphery, and then the remainder which, while having a consensus that they stray outside of the boundaries, nevertheless are often described as a “mistake”, but only in a retrospective manner.

Examples: A man is driving down a road and makes a left turn instead of a right.  He thought he knew where he was going, but clearly did not.  He made a mistake.  A clerk in an ice cream store thought the customer said, “Give me a scoop of Godzilla Ice Cream” — a specialty of the shop comprised of chocolate and large fudge bits. Instead, the customer had said, “Give me a scoop of Vanilla Ice Cream.”  In the din of the noisiness, the clerk misheard and made a mistake.

An individual purchases some stolen items from a street vendor.  She suspects that they are stolen, but because of the extraordinary price for which the items are aggregately offered, represses such thoughts and agrees to the purchase.  Later, the police raid the woman’s home and confiscate the property.  Was it a “mistake”?  In what way?

Here are several: It was a mistake to repress the suspicions aroused; it was a mistake to purchase such items from a street vendor; it was a mistake to fail to connect the dots of illogic; but had the person never been caught, and the value of the items later increased a hundredfold and was legitimately sold at Sothebys for an eye-opening profit, would the transaction be characterized as a “mistake”?

And finally: A similar transactional relationship; but let’s change the hypothetical somewhat.  In the new scenario, the person about to engage in the transaction asks for advice before concluding the deal.  Everyone tells him, “Don’t do it.  It is clearly fenced goods.”  A friend — a retired police officer — gives the following advice: “You know it’s gotta be stolen. You can be arrested for participating in receiving of stolen goods.  Don’t do it.” Multiple family members say t he same thing.  The person goes ahead and attempts to close the deal and, in the process, the police raid the establishment, charge the individual and place him in jail.  Was it a “mistake”?

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 — don’t make the mistake of unrecognized scenarios.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and avoid those “mistakes” which are clearly there and which can — and will — defeat a Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement Representation: Order & Disorder

Isn’t that what most of us are trying to do for a good deal of time spent?  Not to compare it to such a “Biblical” extent — but like the figure in the very first chapter of the very oldest book some hold as “sacred”: out of chaos, order is created.

Throughout one’s day, from the very awakening of those sleep-encrusted eyes, when the dreams dissipate and the nightmares subside, we wake up and try to create order out of the chaos that surrounds us.  The key to sanity is to keep pace with, or try and “get ahead”, if possible, of the impending disorder around us.  Thus can insanity be redefined as: We “lose” it when the disorder around us becomes exponentially quantified beyond one’s capacity to maintain the level of order required.

Think about it: the bombardment of stress that continues to envelope us; of a time not too long ago when “correspondence” was a written letter sent by one individual to another that took 2 – 3 days by first class mail to arrive after the postage stamp was licked and carefully placed, now replaced by a quick email and a button-push with a singular finger, multiplied by hundreds, if not thousands, and in a blink of an eye one’s “Inbox” is filled with requests, tirades, FYIs and spam beyond the measures order needed.

Isn’t that what “bringing up children” is also all about — of creating order out of disorder?  Without discipline, guidance, schooling and a bit of luck, we would all become maladapted individuals running about in diapers devoid of the learned proclivities of polite society, and be left with the allegation that one is “eccentric” or, worse, an “oddball”.

Medical conditions, too, have a way of overwhelming a person with a sense of “disorder”, in that it forces a person to do things outside of the ordinary repetition of an ordered life.  That is why it is so difficult to “deal with” a medical condition, even if it is not your own.  It interrupts one’s goals, plans, and the perspective of order that is so important to one’s sanity.

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 one’s Federal or Postal job, preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often necessary just in order to attain that lost sense of order that has become created by the disorder of one’s medical condition.

Medical conditions make the universe formless and void; and it is the regaining of a sense of stability — of molding some sort of order out of the disorder — by obtaining some semblance of financial security through an OPM Disability Retirement, that the devil of disorder can be overcome with the gods of order in a genesis of new beginnings.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Beyond the shutdown

What does it mean for the government to “shut down” because the Congress and the President were unable to come to a budgetary agreement?  It is often the question that is focused upon, but may be the wrong one.  The more relevant issue concerns the events that will occur after the cessation of the shut down.  What happens afterwards?  For, everyone assumes that the government will come to some sort of budgetary reconciliation, and that there will ultimately be an end to the deadlock.

The House and Senate will finally pass a spending bill, whether of a temporary, continuing resolution, or of a long-term bill that addresses the various issues each side is fighting for.  With that assumption in mind, the question becomes, What happens beyond the shutdown?

Essentially, nothing dramatic, other than that the bureaucracy of the Federal government will experience greater delays, and the shutdown merely becomes interpreted as a slowdown for goods and services, much like the picture painted of a local grocery store closing for a week, a month or many months, and where shoppers would have to find another venue to obtain their wares.  The difference between the private-sector shutdown and a Federal government shutdown, however, is that the former often allows for its competitors to take advantage of the situation, whereas the latter has no such “competitors”, as it is the only “game” in town.

For Federal employees and U.S. Postal workers who are considering filing a 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, the question of “what to do” with the shutdown should be approached with the following questions: Do we assume that the Federal Government will “reopen for business” at some point?  The general answer is: Yes.

With that assumption, should we just proceed with preparing, formulating and filing an effective Federal Disability Retirement application?  Again, the general answer is: Yes.

The “private” sector continues to operate, and so the doctors who need to submit medical reports and records can still be accessed; the standard forms still need to be prepared, and the faster one is placed into the “waiting line” for determination by the U.S. Office of Personnel Management, the quicker the “product” of an approved Federal Disability Retirement benefit will accrue, once the doors of the Federal Government and the U.S. Office of Personnel Management are again opened for “business as usual”, beyond the shutdown that occurs from time to time.

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

 

Federal Disability Retirement: Not the storybook tale

It has been widely commented upon, by naysayers, essayists and various commentators upon life’s winding course of pessimism, cynicism and some rarefied sprinkling of optimism, wherever the “isms” will take us: we are crippled from an early stage of life by being fed Fairytales and Fanciful Fantasies, and then pushed out the door to deal with the reality of the real world, which are NOT like the storybook tale.

Why the disconnect?  Wherefore the disjunctive between what we grant to our children in contrast to the objective world?  Do we witness any of the other species in this Kingdom harm with such aplomb their youngsters – where birds “cruelly” push their young tots out of the nest to force flight even if not quite ready; where predators abandon their herds and hoards to survive on their own – by first saying: “Now, now, kids, I am going to tell you a lie, then have you live in the early phases of your life only to be disappointed by the reality of what you will be facing”?

No, the human species is one of a kind; but then, we have the capacity of linguistic elasticity – a tool that others are (fortunately) not weighted down by.   Isn’t that the story of politics – of saying things that will never come to fruition, promising acts that cannot be accomplished, and declaring facts that are merely alternatives to objective reality – just so that votes can be accumulated and enemies can be identified?

It is well that human beings can fantasize and live in an imaginary world, because otherwise we would all go insane if we had to encounter the reality of the objective universe around us.  What of Marx’s dictum that religion is the opiate for the masses – if true, where are we today, inasmuch as religion is no longer a cohesive foundation in most people’s lives; and, if false, what has replaced it as the dulling effect for survival’s continuation?  Is it the flag, the Constitution, the hope founded upon a Lottery Ticket, or perhaps the greater indication of that which is not an analogy or a metaphor, but the reality of heroin addiction that is a growing menace?

Perhaps, after having tried everything else, the opiate itself is not just some proverbial reality, but the real thing itself, and that is why the problem grows exponentially.  Perhaps, we have come to a point where we realize that the fairytales told and the reality faced cannot be reconciled.

For Federal employees and U.S. Postal workers who have had a long and productive career, but where medical conditions have more recently impeded, debilitated, and ultimately prevented the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, perhaps the realization has come to the fore that the storybook finish line doesn’t quite match up with the reality of one’s present situation.

That’s okay.  You’ve earned the right to view reality “as it is”, as opposed to the fond remembrances of fantasies and fairytales.  Yet, don’t become too entrenched in a negative perspective; for, the objective reality is more likely somewhat involving greater balance, and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is not the end of one’s professional career, but merely another beginning.

Many have gone on beyond a Federal Disability Retirement and started new careers, initiated fresh vocations and enjoyed a second or third phase of life. It is somewhat like a marriage, a divorce and then a remarriage. Perhaps it is not the storybook tale written by some, but it can be one that is written by you.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: In troves of battered grey

It is the crisis point of one’s life, and the interruption of plans, which seems to define the value of the narrative.  We tend to judge by leaps of negation; in a hurry to determine worth, we skim the beginning chapters, then rush through the middle, and read with intensive interest the last few pages and conclude the life of a character based not upon the lengthy experiences of amoral devices, but by the standards of terminal avalanches.

A short story is merely a slice of life; a novel, a jagged graph of extrapolated instances cumulatively garnered to present a coherent and systematized itinerary.  But real life is different.  Each entity is a uniqueness in and of itself; never a mere compilation of facts, nor a composite of irrational emotions; it is, instead, a story unto itself.  Like troves of battered grey, we try and open the chest of drawers and determine in an instant before we close the chapter.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact — and define — one’s worth to the Federal agency or the U.S. Postal Service, it is well to remember not to judge too harshly.  One’s worth should not be defined by any arbitrary point on a linear graph of time, nor determined by those who look disinterestedly beyond yesterday’s contribution to the “mission” of the agency.

Federal employees and U.S. Postal workers who can no longer perform all of the essential elements of one’s positional duties, and who need to consider 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, should never see the entrance into the steps of administrative and bureaucratic malaise as an “end” to the chapter of one’s life, but rather, still the ongoing narrative which requires further telling and editing.

When one is in the midst of turmoil, it is often difficult to see beyond; but like the troves of battered grey we encounter on a foggy night in rain-drenched clothes, we must remember that there is always the warmth of tomorrow, and sunshine of days to come yet to recall the moments of slumber when once a crisis tried to define a lifetime.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability: The Chasm between Expectation and Reality

Expectation constitutes the anticipatory goal to be attained sometime in the near or far future; reality is the actualization of the potentiality of one’s imagination.  That anticipatory potentiality, however, can be formulated based upon numerous factors, including:  baseless imagination (more of a child-like quality); desire and hope (with perhaps some admixture of factual context and content, and somewhat of a more mature basis); or sequences of planned actions culminating in a realistic fulfillment based upon actual circumstances analyzed, deliberated upon and ascertained (a mature consequence of purposeful strategies formulated and initiated).

The chasm which exists between one’s expectation, and the reality of fruition, retrospectively reveals the state of maturity (or immaturity) of one’s soul.  That is why gamblers and lottery tickets abound; for, the play upon adolescent wants and desires portends of dreams unfulfilled, desires still unrestrained, and creative imaginations unbounded allowed to wander aimlessly.

For Federal employees and U.S. Postal workers who expected one’s own agency to embrace loyalty and constancy of support just because the Federal or Postal employee showed such honorable characteristics for many years previously, and perhaps for more decades than the half of one’s lifetime, the chasm of reality often hits hard.

Medical conditions can often be “accommodated“, if only in a loose, non-legal sense of the word.  But it is amazing how people and organizations suddenly become quite “legal” in matters where honor should prevail; and in that sense, to be “accommodated” takes on a new and restrictive meaning.  Medical conditions often bring out the worst in people and organizations, and concepts involving the humanity of one’s soul no longer become relevant, but mere irritants to be legally sequestered in order to protect and deny.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties, 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, is often the last bastion of hope — hope which bridges the chasm between expectation and reality, and one which sets the path for future security upon the solid foundation of a reality which one may want to shy from, but which one cannot escape in this world of love, hate, humanity and cruelty — the compendium of that complex animal called Man.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Shame

Anthropological commentators have variously pointed out that the human being is the only one of the social animals to exhibit the characteristic of shame, and then quip with a spirit of mocking sharpness, “and the only ones who have a need to be”.  But the problem of shame is that the responsiveness exhibiting that overwhelming sense of self-immolation is often misdirected. Shame, or being ashamed, can occur resulting from the collective behavior of others, where a majority opinion can persuade through ostracizing, manifesting group hostility, or through persistent hammering.  It can even be through the misinterpretation of the normative behavior and conduct of acceptable societal customs and social rules of engagement.

For Federal employees and U.S. Postal workers, such a misdirected response is often seen when a medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s job.  For the Federal or Postal employee who feels such “shame”, there is often a dual track of thought-processing:  A.  The Federal or Postal employee is unable to do all of the positional duties assigned and expected, and as a result, one feels “shame” for that lack and growing inability, and B. the medical condition itself makes one “ashamed” because it constitutes a reduction of the whole person, and the societal stares and hushed whispers reinforce one’s self-image that, somehow, one is “less” than the aggregate shown by the collective others.  And there is often a third, where:  C.  As work has become the source and sole reservoir of one’s sense of worth and accomplishment, so the potential loss of it results in a growing sense of shame, embarrassment and self-hatred.

Indeed, the loss, or the potential loss, of one’s identity at the workplace is a profoundly devastating undermining of one’s own self image.  But that is where the misinterpretation of values originates; for, by placing so much emphasis upon the goal of a herd’s collective mission, one fails to properly prioritize an individual’s sense of self-worth.  Health, and the need to recognize one’s place within the greater context of society, must always be taken as the priority of life’s misgivings.

For the Federal or Postal worker who has misinterpreted the importance of work over health and family, preparing to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is often a difficult trial to undertake.  But it must be so, and recognition that compassion is the antidote to the false sense of shame experienced when the fate of a medical condition begins to deteriorate one’s health, capabilities and ability to perform the essential elements of one’s Federal or Postal position, is to merely be human, and it is not even erring which acknowledges such humanity, but a condition of life which is neither the fault of the Federal or Postal employee, nor within the control of the future, but within the soft breath of the gods who smile upon the infirm with love and empathy — those true attributes of heavenly concerns.

Sincerely,

Robert R. McGill, Esquire