Tag Archives: lwop for occupational injury with federal government and how to get it

Federal Employee Disability Retirement: Work Left Undone

That is why gardening and other similar endeavors help to calm the human mind; for, like the Zen of human existence, projects which have a starting point and end with results that can be observed with gratifying exclamations — like a rock garden finished and allowed to visibly appreciate — is a point in life which has been “done”.

Most of life’s work is that which is left undone — the son or daughter who left home too early; projects of which you participate in only a portion of; things you wanted to say but never had a chance to; dreams dreamed of but left as mere vestiges of feeble attempts left unfinished; and so we carry on with out lives, always with a detritus of abandoned work left undone.

For Federal employees and U.S. Postal workers who have come to a point in their medical conditions where there now exists an incompatibility between work and health, it may indeed be difficult to leave the work behind — work left undone.  But there is still the future to consider: of work which still can be done; of prioritizing the primary work left undone — your health.

Contact a FERS Disability Attorney who specializes in OPM Disability Retirement Law, and consider that the Federal work left undone can always be picked up by someone else, whereas your health cannot.

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 Employee Medical Disability Retirement Help: Resisting

Whether against a temptation or an innate sense that something is not quite right, the temporary delay of gratification — for, that is ultimately the result of resisting — can be of great benefit.

The impulse is often very strong; to resist takes a deliberate and conscious decision, empowering one’s will to deny that which urges one on.  By practice and, over time, embracing a habit which becomes a part of one’s character, resisting becomes easier; the will is replenished with daily fortitude; the nature of one’s character becomes emboldened and whole.

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, resisting is an important part of the process: Resisting just quitting and walking away; resisting just giving up; but not all resisting is positive — as in, resisting contacting a Federal Disability Lawyer who specializes in Federal Disability Retirement Law in order to consider the next steps to take to successfully formulate a strategy to obtain one’s Federal Disability Retirement benefits.

For that, you should give in to the urge: Contact FERS Disability Retirement Attorney who specializes in OPM Disability Retirement Law.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement: Thought versus thoughtless

Does the former have an advantage over the latter?  Our tendency is to think so — as in, “Being a thoughtful person is better than being a thoughtless person.  And, in any event, it is always better to think about things than not to.”

Really?  Does reality bear such a thought out, and does thinking about something as opposed to its opposite — not thinking about it — gain any advantage?  Does Man’s biological advancement through evolutionary selectivity of genetic dominance necessarily favor those who engage in the activity of “thinking” over those who do not?

Take the following hypothetical: An individual must make a “serious” decision — i.e., perhaps about one’s future, career, marriage, etc.  He is told to “take some time to think about it”, and does so dutifully.  He speaks with others; does some reading; mulls over and “reflects” upon the issue; takes out a yellow-pad and writes the columns, “Pros” and “Cons”, and after days, weeks, perhaps even months, comes to a decision.  Within a couple of years of making the decision, he realizes that he has made a fatal error.

Now, the counterexample: Same scenario, but in response, the individual says, “Naw, I don’t need to think about it.  I just go on what my gut tells me.”  He goes out, parties, avoids “thinking” about it, and the next morning makes that “important” decision.  He remains happy with the decision made for the remainder of his life.  So, the obvious query: What advantage did one have over the other, and what fruitful outcome resulted from “thought” versus “thoughtlessness”?

Yet, we persistently hear the phrase, “I should have thought about it,” or “I should have given it more thought” — always implying that, had further reflection been accorded, had additional wisdom been sought, or multiples of contemplation allowed, ergo a different result would have been achieved.

The error in the logic of such thinking is that one assumes a necessary connection between “result” and the activity of “thinking”, when in fact it is the very activity itself which retains a value in and of itself.  “Thought,” “thinking” and “thoughtfulness” are activities which have a value by themselves.  The satisfaction of a result-oriented, retrospective according of value based upon an outcome achieved is to place the value upon the wrong end.

For Federal employees and U.S. Postal workers who are “thinking” and engaging in “thoughts” about preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, there comes a time when a “decision” must be made.  “Thoughtfulness” is an activity worth engaging in, regardless of the outcome of the activity itself.

In engaging such an activity, it may be worthwhile to seek the advice of an attorney who specializes in Federal Disability Retirement Law — if only to consider the evolutionary advantages in thinking about thoughtful activities as opposed to the thoughtless decisions made by an unthinking thoughtlessness.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: The unread novel

Is it as irrelevant as the one that is read but quickly forgotten?

Writers are a funny breed; their very existence, significance and existential relevance depends upon the interests of others.  Isolation is inherent in the vocation itself; for every writer is a singular and lonely depiction of an inner battle of cognitive construction, the soliloquy upon a blank slate endeavoring to create, to master, to show and to imagine; and of what nightmares and horrors the writer must endure in order to transfer self-doubt upon the paper, or the virtual existence that spans the spectrum from despair unto public acknowledgment.

The unread novel exists in drawers and cubbyholes forgotten and unopened; and like Bruno Schulz’ lost novel, The Messiah, the shot that killed before the fruition of greatness came to be may reverberate with a nothingness that no one knew, precisely because, to not know something is to not experience that which cannot be grasped, where ignorance is merely the negation of an emptiness never experienced.  Which is worse — to be never read, or to be read and forgotten, or to be read, remembered, then slowly dissipate from the minds of appreciation over an anguished length of time?

The unread novel sits like the individual who once was recognized — a solitary figure who was once appreciated, known, recognized and even sometimes applauded; then the starkness of anonymity reminds us all that such recognition is fleeting, temporal, like the winds of history that grant accolades to rising stars only while the smile lasts and the last salute is given to the parade that slowly fades.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has begun to impact one’s ability and capacity to perform all of the essential elements of the Federal or Postal job and positional duties, the feeling that the Federal or Postal worker undergoes is often likened to the unread novel that sits in the drawers of anonymity.

Perhaps you were once recognized and appreciated; now, it is as if the medical condition itself has become an infectious disease that everyone else is loathe to catch.  The Federal Agency or the Postal Service is beginning to treat you like The Plague.  You fear that your career — like the Great American Novel that was once thought to be a success — is coming to an end, and the harassment and furtive looks have become emboldened in a way you previously could not have imagined.

It is then time to begin to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether you as a Federal or Postal employee are under FERS, CSRS or CSRS Offset.  For, like the unread novel, the drawer within which you sit in solitary despair will not make the unfamiliarity of it become a great success; that, in the end, is a decision only you can make, as to a future where the unread novel remains so, or a step forward to change the course of human destiny.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The period in-between

It is the squeeze that we abhor, the suspension of life during that time.  Like the craven soul that is relegated to purgatory or the mass murderer that must await the culmination of the sentence imposed, it is the period in-between that is wasted because we are frozen in time by the certainty of the past already ensconced and the future that is determined but yet to be fulfilled.  That is the rub, isn’t it?

The uncertainty; whether the future can be altered or modified; or has fate already made an irreversible decision and judgment?

When Scrooge encounters that ghostly apparition representing the future in Dickens’ classic tale, A Christmas Carol, isn’t that the question posed – whether the course of future events as foretold could be altered, modified, reversed or otherwise replaced?  But while we wait, what can be done?  For, in reality, it is too often thought that only the judgment rendered can then be worked upon, worked around or somehow accepted submissively as fated karma that cannot be countered.

Thus is that the reaction of Federal and 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 position – it becomes the period “in-between”.

It is the “in-between” doctor’s appointments to see whether there is any hope of getting better; “in-between” performance reviews to see if anyone at work has noticed; “in-between” temporary teleworking arrangements to see if the Federal Agency can extend the authorization; “in-between” surgery and recovery to see if you can go back to full duty; and on and on, “in-between” the crazy universe of a medical condition and a dying hope for a future withering on the vines of other’s expectations.

It is like being stuck in mud, frozen in time, watching as the impending future comes upon you.

However, there is an affirmative step that can be taken to begin the process of altering, modifying and changing the course of an expected future event – by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

While filing a Federal Disability Retirement application may not be a solution to the medical condition itself, it is a step towards altering and modifying the course of future events that are controlled by the Federal Agency or the U.S. Postal Service, by accessing an employment disability benefit that recognizes that you can no longer perform the essential elements of your particular Federal or Postal job, but there may be other things in life that you may be able to pursue.

That is how the period in-between can better be embraced, by making sure that the future does not end with a definitive period at all, but merely by a comma that represents a brief pause.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Working to preclude

Aren’t most of us perennially, incessantly, constantly and by chronic despair in that “emergency mode” of operating through life?

We are working to preclude: Some imagined disaster; some trouble just around the corner; some depth of a hole we cannot dig ourselves out of; and some problem that we are thinking about that is developing that we are not yet aware of.  Few of us actually work with a positive attitude to build; fewer still with a confidence that tomorrow will bring some answers; and rarely, of that person who does not work to preclude.  Caution is the mainstay of a troubled past that left a child anxious, uncertain, self-conscious and entirely lacking of self-confidence.

That is why that wide arc of “self-esteem” training that began to spread about in the classrooms and throughout communities took hold – in the false belief if we just kept saying to a child, “You are worthy” or poured accolades and trophies just for showing up, that somehow we would counteract the deep imprints left upon the cuts and scars that were perpetrated by homes of divorce, emotional devastation and incompetent parents.

Working to preclude is often a form of sickness; it is the constant scrambling to try and play prevent defense, and how often have we seen an NFL game where the team that scores first and many times ends up losing because they spent the rest of the game working to preclude?

For Federal employees and U.S. Postal workers who are suffering 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 constant effort in working to preclude the Federal Agency from putting you on a Performance Improvement Plan (acronym “PIP”), issuing a letter of warning, or proposing a removal based upon excessive absenteeism, being on LWOP for too long, or for poor performance, leaves a hollow feeling of an uphill battle that can never ultimately be won.

Filing a Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a step away from working to preclude – it is, instead, a positive first step towards securing a future that is otherwise as uncertain as one’s efforts in working to preclude.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Government Employment: The Echo Chamber

In media, it is the homogenizing effect of drowning out all non-conforming ideas, such that truth becomes the repetition of a lie, or at least the dominant perspective envisioned via a safe environment of simplicity.  To be different is to challenge, and any disruption or potential pause to the status quo means a necessary change to present circumstances.  That is why bureaucracies tend to resist alteration, like the chameleon which stands before a world changing at a pace of warp speed, ensconced in its evolutionary rigidity, unable to adapt but for its genetic code of survivability.

Medical conditions often represent such a threat to the status quo; it is something “different” to deal with, and when asked in terms of “accommodating” an individual with a medical condition, it may mean that others are called upon to alter the staid old ways of doing things.  Further, it is a reminder of one’s mortality and vulnerability, as a walking exclamation point that “but for the grace of…”

For Federal employees and U.S. Postal workers who must contend with such a dualism of reminders, the resistance is palpable, sometimes hidden, often open in hostility and uncaring.  Does filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee who is injured or suffers from a medical condition, seem like “giving up” and “giving in”?  Is there a further point to be made by the Federal or Postal worker who continues to hang on and stay in, “fighting the good fight”, but now more towards internal acrimony as opposed to the “common enemy” of those outsiders who oppose the mission of the agency?

Once, when life was carefree, and we were caught in the womb of warmth where ignorance was bliss and the worries of our youth amounted merely to whether our moms would tuck us in at night, the shattering of reality and of “grown-up” things suddenly came to the fore, and then we stood, alone, facing that uncertain future which our forefathers whispered about, and to which we giggled and strained to hear.

But for the Federal and Postal worker who suffers 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 positional duties, beware of the echo chamber of life’s misgivings, as it may drown out the only voice of reason which calls for filing for OPM Disability Retirement benefits and “moving on” with life, leaving behind the rest and residue of causes long forgotten and left unopened, like a gift without a child, and a teardrop absent knowing eyes.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Palate of Human Living

It is both an identifier of a specific part of the human body, as well as a noun used to describe a sophisticated and discriminating characteristic of the human animal.  Used in the former manner, it merely describes nothing more than the biological component in common with all other animals; as presented in the latter form, it distinguishes from the greater commonplace testament of a refinement not otherwise found.

That, then, is the uniqueness of the human being; the capacity to be part of the world around, yet able to be distinctively different and to progressively advance (as opposed to regressively retreat) on the spectrum and scale of achievement.  But in the objective world of reality and pragmatic concerns, there are “equalizers”.  One such factor which levels us all, is an unexpected medical condition.

For Federal employees and U.S. Postal workers who have striven to personally and professionally advance on a career path with the Federal Government or the U.S. Postal Service, but who now find that the unpalatable future orientation belies one’s capacity to continue because of a medical condition, serious consideration must be granted to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

The decision itself is not what impacts the palate; rather, it is the cessation of progression on one’s career scale which makes for the unpalatable idea.  But that is where the pragmatics of life, and the dream-like quality of ambition, willfulness and the human spirit of positive-thinking, all come together in a clash of titanic proportions, and serves to undermine the reality-oriented universe of necessity and practicality.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not a reflection upon the capacity of the creative drive of the individual; it is merely a necessary step in response to a biological requirement in order to advance to the next stage of one’s life.  And just as the palate is not merely a body part, but a refinement of distinguishing taste, so the Federal or Postal employee who cannot see the distinction between moving forward into the next and future achievement from a biological condition which cannot be avoided, is merely of the lower animals, and not the angel whom the gods entrusted as the caretaker of a universe gone astray.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Upon the Altar of Work

They are structures where sacrifices or worship occur.  Not being mutually exclusive, the former can represent the act of the latter, and the latter can constitute the fulfillment of the former.  And while we, in modernity, think of ourselves as sophisticated and beyond the vestiges of former practices of superstition and unscientific religiosity, an objective view of our actions betray the ongoing reliance upon past residues of robotic constancies.

Of course we have to make a living; of course we have to support our families.  But at what cost, and to whom do we owe our allegiance?

For Federal Gov. employees and U.S. Postal workers who sacrifice themselves at the altar of work, when medical conditions begin to clearly impact, deteriorate, denigrate and destroy the body, mind and soul of the Federal and Postal worker, then it is time to consider preparing, formulating and 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.

As most Federal employees and Postal workers are under the FERS system, the minimum eligibility requirement is to have at least 18 months of Federal Service.  Once that threshold is met, then the question is one of having the proper support from one’s treating doctor, psychiatrist, Nurse Practitioner, etc.  The true test for a Federal Disability Retirement application will be in establishing the nexus between one’s medical condition and the positional duties of one’s official job, as reflected on SF 50 (Federal employees) or PS Form 50 (Postal employees).

Ultimately, when the altar of work becomes more than a means of support, and harkens back to the days of yore where sacrifice and worship intersected to pay tribute to the gods of the underworld, it is time to consider the alternatives available, and for Federal and Postal employees, that should always include the possibility of filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill
FERS Disability Lawyer