Tag Archives: opm back pay claims in owcp and opm

FERS Disability Retirement Law: Mistaken Identity

Mistaken Identity can take many forms.  In its simplest version, it is to merely mistake one person for being another.  But there are other, more complex forms.  For example, of going to an extravagant dinner party, enjoying the lavish food, being impressed with the splendor of the decor, the fine mansion, the seemingly expensive furniture, and the elegance of well-dressed people — and mistakenly identifying the wealth of accouterments for the foundation of a fine evening.

You had “fun”.  It was a great evening.  Elegance was the appearance; conversations — well, they had their moments.  The “mistake” is, indeed, in making the identification with the surroundings, and not with the relationships.  That is the difference between modernity and times past; we tend to think that the surroundings — the furniture, the paintings, all of the “possessions” — make up for and constitute the conclusory declaration of a “fine evening”.

But that is where the mistaken identity takes place; for, could not the same result have been achieved in less extravagant settings?  Was it because we were so impressed by the wealth abounding, that we forgot the importance of relationships?

And so we have gone about destroying human interaction, thinking that the accouterments were the basis for a fine evening, disregarding the relational interactions which should always take precedence over the superficial trappings which deceive.  But that is the consequence of materialism — of thinking that, at the end of the day, the winner, the king of the mountain, the one who prevails, is the one who has amassed the greatest volume of possessions.

It is the greatest of mistaken identities — that acquiring “stuff” is what makes us happy.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to consider preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS, the “mistaken identity” is often in failing to see that one’s health takes precedence over all else.

It is something we have always taken for granted; yet, without it, all else becomes secondary and irrelevant by comparison.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and begin to correct the misconception which has resulted in a mistaken identity — that health comes before all else, and getting a Federal Disability Retirement annuity will help you to prioritize your health.

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.

 

Office of Personnel Management (OPM) Disability Retirement: Off on a Tangent

It can be done inadvertently, without malice, and often unintentionally — and so long as one remains within the insular world of language, no harm occurs in most instances, in most circumstances.

Of course, to literally go off on a tangent — if you are walking in the wilderness without a compass; out in the deep sea in a small skiff; wandering about in a neighborhood known for drive-by shootings — can be quite another thing.

But for the most part, when we say that “So-and-so often goes off on a tangent” or “Sally has a tendency to go off on tangents”, we merely mean that the focus of the conversation, the content of the primary narrative, the point of the lecture being given, etc., the central idea, theme or point of someone’s statement, discussion “talk”, etc. is being waylaid by some divergent, often irrelevant side-show.

It is like a movie badly edited — you know, those scenes which often are “extras” which were taken out because of time-constraints or creative doubt as to their relevance to the story.  Or, sometimes people go off on tangents for a reason — deliberately and with intent — as when you want to divert the focus of the narrative away from the main point, precisely because the main point is not a very strong one to begin with.

In a Federal Disability Retirement case, this can happen on both sides — from OPM’s side, going off on a tangent can mean that they do not want to focus upon the medical reports and records, but instead want to deny you based upon tangential issues of performance ratings, conducts issues, accommodation offers, etc., as opposed to focusing upon the main point of a Federal Disability Retirement application: Your medical conditions.  Or, from the perspective of the applicant — the Federal or Postal employee filing for Federal Disability Retirement benefits — of irrelevant background, or on issues which may actually weaken and harm a case.

Contact an OPM Lawyer who specializes in Federal Disability Retirement Law and make sure that you remain focused on the centrality of the multi-faceted issues presented in a Federal Disability Retirement case, and not on irrelevant issues by going off on a tangent.

Sincerely,

Robert R. McGill
Lawyer specializing exclusively on Federal Disability Retirement Law

 

Early Retirement for Disabled Federal Workers: Becoming a Stereotype

Perhaps it is an unfair characterization, or an image which is arcane and archaic — and yet endures as a residue from the old days, like smoking cigarettes and leaving nicotine stains on one’s inner side of fingers.  We hate stereotypes.  They linger; they remain as images we try and counter and overcome; and when it becomes a truism, we fight to try and prove its opposite.

Medical conditions prevail upon a stereotype like a winter’s storm or the devastation of a hurricane upon a coastal town.  Our image of ourselves is quite different: vibrant; still much contribution to give; still full of life, hope and happiness.  Yet, others begin to see you as the doddering old man or woman who can no longer contribute to the mission of the Federal Agency or the Postal Service.  That is how Federal agencies and Postal facilities view you.  Let them.

Consult with an OPM Medical Retirement Lawyer who specializes in Federal Disability Retirement Law, and begin the process of moving on to another career, another phase in life, another stage — and quit worrying about becoming a stereotype; for, in the end, it is the one who sees the world in images of stereotypes who are the stereotypical dunces who fail to ever grow beyond.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

 

Federal & Postal Disability Retirement: Saying Something

The phrase can mean many things, depending upon the context within which it is being used.  Perhaps a person inadvertently says something profound or useful; someone else, within earshot, might comment that what that person said “is saying something” — meaning thereby that something unique and substantive had been expressed.  Or, perhaps there is a heartfelt exchange between two young people, and a silence suddenly looms over the conversation; perhaps it is an embarrassing moment, or a critical juncture in the conversation where something needs to be said — a commitment, perhaps, or an assurance, and one of them says to the other emphatically, “Say something!

It is, in the end, the “something” which is the operative word in the phrase, is it not?  The “saying” of it matters, but it is the “something” which makes or breaks the saying of it.  It often parallels the other phrase — “Do something” — where, similarly, the “something” matters greatly, but it is the “doing” of that something that people entreat each other about.

For Federal employees and U.S. Postal Service workers who are beset with a medical condition that requires the proper preparation, formulation and filing of an effective Federal Disability Retirement application under FERS, always remember that “how” something is “said” — as in a medical report or in the Applicant’s Statement of Disability (SF 3112A) is just as important as the “doing” of it — i.e., of filing the Federal Disability Retirement application.  The “something” that is said on SF 3112A must be substantive, concise and clear, and not just a bunch of “nothings” that may disappoint someone in a lover’s quarrel.

Consult with an attorney who specializes in Federal Disability Retirement Law in order to make sure that the “something” that is being said will make a difference.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

 

FERS Disability Retirement from OPM: Worries

We all have them.  For some, they become so overwhelming as to destroy a life, prevent a career, block any advancement and contain any progress.  It is the capacity of human beings to project into the future, to expect events yet to happen and to become anxious about circumstances beyond one’s control.  It is what makes human beings unique.

Perhaps it is the outgrowth from evolutionary origins which allows for the success of our species — for, to worry is to have an imagination, and it is the human imagination stemming from fear for the future that has allowed for human innovation and solutions to problems which might have otherwise ended in disaster.  But as every positive force has its negative opposite, so the worries we carry can also cancel out the positive impact that worries may incur.

We may worry about our future, and our actions may resolve such worries; we may worry about our parents or grandparents, and a solution may resolve such concerns; or we may worry about our past, and yet such worries may be unfounded.  Worries alone are not enough; they must follow with a plan, an action, an implementation of a goal derived.

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 worry for tomorrow may be a real concern, and not just your imagination taking you into flights of fearful chaos.

Consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and allow your worries about tomorrow be allayed with facts about the Law and expertise in the field of Federal Disability Retirement benefits for the future which is hidden, yet hopeful.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

 

Federal & Postal Employee Disability Retirement: A Sense of Worth

Wittgenstein argued that a language which is kept private — i.e., known only to one person and not shared with anyone else — is conceptually impossible.  Language by definition is a vehicle by which ideas, concepts, declarations and commands are conveyed, and to remain as an eternal soliloquy would undermine the very essence of what language is meant to be.

Similarly, does the concept of “worth” make any sense within a vacuum?  Can an individual stranded on an island have any capacity to understand such a concept — of a “sense of worth”?  As an ancillary issue, what is meant by “a sense of”, as opposed to X or Y having “worth” without the prefatory addendum of “a sense of”?  If a person were to say, “I have worth” — is it different from declaring, “I have a sense of worth?”  Or, is the attribution appropriate when a distinction is made between living entities as opposed to inanimate objects?

For example, if a person points to another person’s wrist and says, “I have a sense of worth about that watch you are wearing,” would such a statement seem odd?  Is “sense of “ attributable to a fuzziness when it comes to the object/subject of such attribution?

Ultimately, whether of worth or sense of worth, what becomes clear is that the conclusion of “worth” is derived from the interaction with others within a given community.  Neither “worth” nor “sense of worth” is a comprehensible concept in a vacuum, in isolation, or as a soliloquy.  For, in the end, both language and a sense of worth are derived not from an egoistical encounter, but by attributions from others.

For Federal and Postal employees whose sense of worth has diminished because of the silence of agencies and postal facilities as to one’s contributions to the workplace, it may be time to consider filing for Federal Disability Retirement under FERS.  Consult with an attorney who specializes in Federal Disability Retirement Law and consider regaining your sense of worth by moving beyond the Federal Agency or the Postal Service that no longer sees your sense of worth.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: Those Little Victories

Life offers few of them; thus do we turn to those little victories to make it all seem worthwhile.  Waterloo is almost always seen from the perspective of defeat, just as WWII is viewed from the perspective of the Allied victory, and history has always been seen as the story from the victor’s point of view except in those instances where, like Napoleon’s hubris, the single battle determined the course of world history.

Most wars are won or lost upon the incremental victories of smaller skirmishes; and so it is with life in general, where it is those little victories which make it all worthwhile.  And the victories themselves don’t need to be as a consequence of a “battle” or a “war”; it can be small things like: Making it through the day; having a sense of joy or contentment for an hour, or even a half-hour; of having spent five minutes with someone without provoking a fight; or even of having had a good night’s sleep.

Those little victories are often the ones which last the longest in memories short-lived and shorter still before the storms of life surge; and for 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 one’s Federal position, those little victories of making it through part of a work day without the debilitating impact of the medical condition shortening it further, is often viewed as one of those “little victories”.

At some point, however, when those little victories seem to be too few and far between, it may be time to consider filing for Federal Disability Retirement benefit through the U.S. Office of Personnel Management. For, when those little victories in life are nowhere to be found, it is time then to consult with an experienced attorney who specializes in Federal Disability Retirement Law in order to regain a sense of worth in a world which cares little for those little victories.

Sincerely,

Robert R. McGill, Esquire