Tag Archives: medical rehabilitation government employee and specialized opm disability attorney

OPM Disability Retirement Law: Perfection’s Harm

It has been stated by many, that one should never let perfection be the enemy of the good; in other words, one can always delay and delay, arguing that whatever the project being attended to, the goal aimed for, it is simply not good enough because it is not perfect.

Can imperfect beings ever achieve perfection?  Or, is perfection merely the justification for procrastination, knowing that the goal which never can be attained will forever remain as a potentiality steeped in the angst of our own imperfections?

“Good enough”, of course, is a relative standard which all perfectionists are uncomfortable with; for, an employer who accepts such a standard is in danger of relinquishing high standards replaced by an ad hoc, mediocre acceptance of “less than” — which is never a paradigm one attempts to aspire to.  But perfection’s harm is of eternal procrastination; for, we can always find a reason why something is not “good enough”, without ever asking the natural follow-up question: Good enough for what?

In the abstract, “perfection” is an admirable goal to achieve, for it involves a standard envisioned by the visionary few; but in the practical world, perfection’s harm is the aspiration of a would-be god, an idol of idiocy, an apex of folly.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition continues to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the procrastination resulting from perfection’s harm is that the Federal employee believes that his or her medical condition will miraculously resolve itself, and allow for continuation in the Federal or Postal job.  But that is perfection’s lair — of tomorrow, or the next day.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and consider perfection’s harm — of the impracticality of which you already know, precisely because the medical condition itself has already established and revealed that man’s life on earth is one of perpetual imperfection.

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.

 

FERS Disability Retirement for Federal & Postal Workers: Light Duty

Light duty” is a term often associated with Worker’s Compensation cases, and rarely has significant relevance in a Federal Disability Retirement case.  It can, however, be a temporary form of an “accommodation” — but one which still does not prevent a Federal Employee or Postal worker from obtaining and becoming qualified for FERS Disability Retirement benefits.

Light duty can range anywhere from the physical to the administrative — of allowing for work without performing some or many of t he essential elements of one’s positional requirements.  Thus, in the “physical” area: Of allowing a person not to have to stand, walk, lift heavy parcels, etc.  Or, to limit travel.  In the “administrative” area: Perhaps a limited and reduced time on the computer; allowing for more frequent breaks during extended periods of sedentary work; of working half-days and allowing for use of SL, AL or LWOP.

These are all generic examples of what may constitute “light duty”.  A Federal Agency or the U.S. Postal Service may allow for such light duty even on a permanent basis.  However, understand that even if the Federal agency or Postal Service allows for “permanent light duty” (which, in conceptual terms, is somewhat of an oxymoron), such an allowance does not preclude a Federal or Postal employee from being eligible throughout for Federal Disability Retirement benefits.

Contact a Federal Disability Lawyer and become informed about your right to Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Filing for Federal Disability Retirement: Reminders

What is the proper balance in a person’s life — between leisure and work; between thought and living; betwixt the physical and the psychological?  How much is “too much” in getting lost in the fantasies we surround ourselves with: Of watching the news; of enjoying a movie; of “doing” Facebook posts or “surfing” the internet?

Have you ever driven on a sparsely populated road or perhaps late at night when the lights of passing cars become a blurred memory of fleeting blindness, and upon arrival to your destination, you remember not a moment as to how you got there?  Perhaps you drove and did all of the proper things in the mechanical acts of driving, and yet you cannot remember yourself having engaged in the act of driving?  How much time is spent within the insular caverns of our own thoughts — whether when “thinking” or “cogitating”, or in watching a movie?

We fool ourselves into thinking that we are “living life” when in fact all we are doing is staring into a mass of illumination pock-marked with letters and punctuations.  Then, something inevitably “reminds” us — that we have to eat in order to keep from starving; that we have to respond to a real question posed by a real person; or in the mere act of needing to take out the garbage before it begins to rot beneath the kitchen sink.  And of medical conditions — they constantly remind us of our own mortality.

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 constancy of the imposition of the medical condition is a reminder that our deteriorating health is incompatible with continuation in the Federal or Postal job.

When the time comes where such “reminders” begin to dominate the life of the Federal or Postal employee, then it is no longer a “reminder” but of a jarring realization that no amount of getting lost in the distractions of life will change or alter the need: The need to file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

Consult with an attorney to determine if such a course is the best path of action for you.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The misplaced comma

It is such an inconsequential mark in the universe of imprints that pervade, and yet so significant, but in a cloak of anonymity, when misplaced.  It possesses the same features as other punctuations of grammar — identical to the apostrophe, the same in mimicking as the singular quotation mark that is so prevalent; and the same shape is used in multiple diacritic writing systems common within Ancient Greek writing systems, and still survives apparently in the written systems utilized in Latvian, Romanian and Livonian.

It allows for clauses to appear, to become dependent and separated, and to confine into a separate meaning where the conceptual clause, whether dependent and leaning for support upon the main thought expressed, can convey an independence of meaning that adds and modifies the original idea.

It is the misplaced comma that makes one pause and ponder — why must we hesitate here?  Why did they put a red-light in the middle of the sidewalk?  Why does the sign say, “No passage” in the center of a store, and yet we can step beyond the red line and still proceed?

Does the misplaced comma apply in spoken language?  Take the following example: You are standing and talking to a friend, and the friend says: “Now, I want you to — no comma, here — know that tomorrow it is going — no comma, here — to rain— here, there is a comma — and therefore we have to have — no comma here — our umbrellas with us.”  Aside from rendering an irritating manner of speaking, it was all so unnecessary, wasn’t it?  We don’t have to apprise others of a misplaced comma unless it is actually misplaced, and when speaking as opposed to writing, it is not needed because the hesitation in speech itself tells us of the comma, whether misplaced or not.

In written form, however, the misplaced comma — again, aside from being a mere irritant — compels us to pause, to hesitate, to take a reflective millisecond — like coming upon a crack in the sidewalk when we were kids and thinking, “Should I skip and jump over it or just be brave and step on the crack?”

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the pervasive feeling of one’s tenuous position in the workforce is often likened to a misplaced comma.  You no longer “fit” into the mission of the agency.

Others begin to hesitate when approaching you; there is “talk about” you that you sense, and there appears to be commas all around, bifurcating, separating, creating dependencies that seem to segregate and confine, like invisible fences — nay, commas – that have been placed all around.

It is then time to begin 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 employee or Postal worker is under FERS, CSRS or CSRS Offset.  Consult with an experienced attorney and replace the misplaced comma with an emphatic period that will end the misery that continues to deteriorate.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Reference points

They are the connections by which a society maintains a fabric of commonality, whether by myths, narrations of stories handed down, religious knowledge or books and movies.  It used to be that the “Good Book” was the mainstay of the reference points, so that when a person referred to having “eaten the apple”, for a simple example, one immediately knew that the reference points between a sin committed and the origin of that sin had a commonality within a woven fabric of a community’s awareness.

Similarly, people used to refer to books – of classics and works which were generally read and assumed, and when a person made a literary reference in the course of a conversation, it was not to be presumptuous of one’s education or knowledge, but as a “reaching out” in order to establish a membership in the fabric of the greater community.  The expansion of choices, the division of classes within a society, and the fraying of that greater fabric of a society’s common interests – they are all indications of a disintegrating civilization.

Reference points were once assumed; today, they have become rarer; and as the younger generation moves on in concentric circles of technological advancement that become lost in the self-absorption of self-promoting images on Internet-based social forums, so reference points become less common except within the self-contained genres of Facebook, Instagram and Twitter feeds.

Of course, there have always been problems with various reference points – one being the reference point of a medical condition.  For, a person with a medical condition has the private reference point of pain and suffering, and the long stays at a hospital, or the constant visits to the doctor’s office – reference points that few at the office ask about, let alone know about in any detail that would bring about any sense of empathy.

Federal employees and U.S. Postal workers are often the greater culprits of maintaining private reference points, because they continue to push themselves through the pain and agony of a medical condition without complaining, and so there is very little reference point by which coworkers can offer sympathy, empathy or any help at all.

Fortunately, 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, does not need any reference points, other than the legal criteria by which one must meet the eligibility reference point.  For, ultimately, the final reference point that the Federal or Postal worker needs, in order to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is the one that establishes that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, and that is the only reference point that matters.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Closet of skeletons

It is a metaphor that is familiar; of secrets, or near-secrets; of those cluttered past incidents and events that need to be kept in the hallway closet, perhaps even locked for safety and security, whether of embarrassment, regret or shame.

Yet, modernity has less of them.  With the disappearance of shame, of openness of societal mores and normative values disappearing, almost vanishing, there is then no need for the closet to exist, and skeletons are fewer and far between because we have redefined what is shameful, what should be regretted, and that which is deemed unworthy of public display.

“Man is the only animal that blushes. Or needs to.”  That quip is attributed to Mark Twain, of course; the grand humorist of American society, and the author of books that have touched the conscience of an unsettled people.  How does a species stop blushing?  By rearranging that which triggers such a characteristic – the words that touch, the concept that shames, the sentence that embarrasses and the paragraph that pushes.

There are, of course, positive consequences, as well; for, the openness of society and the suppression and obliteration of normative standards have allowed for silent crimes that were once unspoken to be openly displayed and cauterized.  Perhaps, sometimes, “talking about it” opens things up, allows for the public airing of that which was hidden because polite society did not want to deal with it; but since it existed, anyway, we might as well open the closet of skeletons as a society and let everyone see whatever it is that we were ashamed of.

Sometimes, or more often than not, those monsters within are greater than the reality of the objective world.

Medical conditions often relate to such a concept.  We tend to hide them, be ashamed of them, and make of them larger than what necessity dictates – except for old men and women standing in the line at the post office who openly discuss the details of their last operation and procedures, of course.

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, remember that 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 like the closet of skeletons; once they are out in the open, the agency and the Postal Service will have to deal with it, just like the Federal or Postal worker who had to “deal with it” – the medical condition – for all of these many years, fearful of the shame of revelation and the reaction of the Federal agency or the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Avoiding the Pedantic Prophet

Doomsayers are everywhere, and in every generation and region of thoughtful pronouncements, prophets foretelling of anticipated events await to ring the ears of those who desire future confirmation of that which was already expected.

Beyond the general prophesy of future events, however, is the one who focuses upon minutiae and details irrelevant to the greater paradigm of events.  It is like the man who was informed that major surgery would be necessary, and oh, by the way, the scalpel to be used is made by a German manufacturer whose great uncle was related to Lord Byron.  Interesting tidbits may be relevant in limited circumstances; one should avoid the pedantic repetition of facts, events and details which detract from the main theme of a narrative.

In preparing a Federal Disability Retirement application, filed through the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, part of the process must involve the preparation of a Statement of Disability as required by completion of Standard Form 3112A.  Certainly, details can be important; but a meandering rambling of peripheral issues detracting from the centrality and essence of one’s case, can not only become a self-undermining proposition, but annoying as well.

Begin the narrative with the focus upon the condition, then build upon that with reverberating ripples of riveting prose of significance and tactile tenses entailing direct links to positional requirements.  For, in the end, a Federal Disability Retirement application is a person’s story, told in narrative form, as a paper presentation to OPM which must be singularly focused, coherent and comprehensively conveyed.

When the world is foretold of coming to an end, one does not want to know the color and make of the undergarment to be worn by your neighbor; at best, it distracts; at worst, it may well reveal a privacy concern you did not want to stomach.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability under FERS, CSRS or CSRS Offset: Beyond the Disequilibrium of Life

Finding a balanced life after a disabling injury or medical condition with OPM Disability Retirement benefits

One can describe, in positive terms, the negative aspects of a thing, as in, “X is y,” etc. Or, as in the case often represented by Maimonides’ Negative Theology, one can elucidate by negation of perceived phenomena, leaving the subtraction of present realities to the imagination of the void.

Some may contend that the latter methodology of descriptive narrative adds nothing to knowledge; for, it is a negation of that which we know, and as King Lear reminded Cordelia, “Nothing will come of nothing:  speak again.”  But there is something beyond the nothingness of negation, is there not?  To negate is to expose the loss of something, the extracting and revealing of that which once was, became detached, and left as a void to be filled.

Thus can life present a semblance of equilibrium, where balance of family, work, community and value of living provides a coherence of a teleology of sorts; and when such coordination of essence in the core of one’s being gets out of whack (the term being of a very technical nature, used in esoteric philosophical discourse, as in, “He whacked away at the pages of Hegel’s Phenomenology of Spirit”), there is a foreboding sense of loss and dispiritedness (again, the negation of a positive attribute).

Medical conditions tend to exonerate the negative theology of life.  Often, it is a subtraction beyond the chronic pain and debilitating nature of the medical condition itself.  For Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the issue is often how, and to what extent, a persuasive description of one’s medical condition can purport to effectively represent the chronic and severe nature of one’s medical condition.

Some would contend that such an endeavor is nigh impossible to do; for, as the negation of equilibrium is the disequilibrium of life, so the mere subtraction of what we do and could do, does not necessarily present an accurate picture of one’s life.  And that is what is required, is it not?  Words have meaning; descriptive negations presume a context of knowledge already existent.

For the Federal and Postal employee who must present a compelling Federal Disability Retirement application to the U.S. Office of Personnel Management, the conundrum of attempting to adequately describe one’s medical condition, its impact upon one’s ability to perform the essential elements of one’s job, and the further pervasive effect upon one’s personal life, is a conundrum of epic proportions.

To engage in negative theology in the descriptive delineation on SF 3112A is to presume a context which is not yet there; and to describe the disequilibrium brought upon the Federal or Postal employee resulting from a medical condition, is to encounter the wall that separates between words, meanings, and the true experiences of life.

Sincerely,

Robert R. McGill, Esquire