Tag Archives: opm.gov employee injury report resulting in permanent disability

Long-Term Disability Federal & Postal Employees: The Doubt of Openness

We have all seen it: In sports, and particularly in basketball, where a singular player suddenly finds him or herself alone in the open court, the ball in hand, with no one anywhere near.  All that the player has to do is to dribble, take a few steps and lay the ball into the basket.

What happens?  There is a hesitation.  Why?  Because the normal course of things has not occurred — no defender, no opposition, no crowding, no attempt to block him, etc.  The doubt of openness makes the player hesitate.  Or even in football — a wide opening for an offensive back or a catch in the open field, with the goal post open and a clear pathway with no opposition.  Then the hesitation, the look back, the sudden doubt of openness.

For Federal employees and U.S. Postal workers who suffer from a medical condition which prompts an initial, tentative look at the forms required for Federal Disability Retirement benefits — the “openness” and simplicity of the questions asked may make you believe that the field before you has a clear and unimpeded pathway.  Then the doubt of openness will, and should, suddenly prevail.  Because, in the end, there is no clear path in a Federal Disability Retirement case, and the opposition will appear suddenly enough once it is filed with the U.S. Office of Personnel Management.

Contact a Federal Disability Lawyer who specializes in Federal Disability Retirement Law in order to quell the chimera resulting from the doubt of openness.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement under FERS: The Power-Mixer Approach

You’ve seen those ads for the Power-Mixer — those super lightning-speed mixers which can make a slurpee out of anything.  Arguments are often like that — of an admixture of law, woven with partial facts, sprinkled with authoritative declaratives, and voila!

One has a Denial from the U.S. Office of Personnel Management.  It looks powerful; it sounds ominous; it even quotes from your own medical records and reports (albeit, often out of context and without legal relevance).  It will even declare: “You have been denied Social Security Disability Income benefits by the Social Security Administration.”  One shivers, cowers and trembles with fright at the powerful Power-Mixer Approach.

Don’t buy it.  Don’t cower.  Don’t be intimidated.  Such an approach is meant to frighten, as all Power-Mixer approaches are formulated for that very purpose.

Instead, contact a Federal Disability Attorney who specializes in Federal Disability Retirement Law and begin to counter and rebut the Power-Mixer approach by getting fresh new ingredients for a systematic and more powerful legal argumentation of efficacy and legal relevance.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement under FERS & CSRS: The sparrow

It is a bird that remains unappreciated — that generic entity which, when not identified by the wandering ornithologist, is simply referred to as a “sparrow”.  They are like the “default” bird, unassuming, pervasive, lost in the underbrush of time and history, and are taken for granted in their existence, presence and attraction — sort of like most of humanity.  One doesn’t hear the wandering bird-lover with his or her oversized binoculars strung heavily around a neck that is straining from a disc herniation from the sheer weight of the magnifying mechanism suddenly stop and declare loudly, “Look — a sparrow!”

People walk by throughout the cities of the world without ever noticing the thousands of such generically-forgotten creatures; those brown little blurs that fly about singularly or in large groups; flitting about, searching for sources of food, flooding the air with their chirping and fluttering.  But then, most of humanity is somewhat like the sparrow — in great numbers, never standing out from the rest, and merely trying to break out from the anonymity of life’s toil.

For Federal employees and U.S. Postal workers who suffer from a medical condition where 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 duties, the sense that can remain as a “sparrow” of sorts becomes less of a possibility — but not because of any unique features that have suddenly been noticed by the plumes of one’s species; rather, you have suddenly been noticed and selectively chosen precisely because of the medical condition itself.

Suddenly, you have become the narrow focus of greater observation:  Leave Restrictions are imposed; your performance is reviewed with greater interest; harassment ensues; the magnifying glass of the Federal Agency or the Postal Service is upon you.

Once upon a time, the sparrow was flying about happily unnoticed, perhaps wishing to be a peacock, not knowing how fortunate it was to remain in the abyss of anonymity.  For the Federal or Postal worker, to be noticed can have some negative effects, and it may be 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 the Federal or Postal employee is under FERS, CSRS or CSRS Offset, lest the sparrow that wished to be a peacock suddenly realizes the looming shadow of a predator overhead, bearing down rapidly to end the anonymity that was lost because of a medical condition.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The picture album

Time was, every family had a picture album – that anachronism bound carefully in a large leather book-shaped monstrosity, kept safe where dust settles and mice scurry around; taken out for occasions where boredom is accentuated and friends or neighbors have stayed long past their welcome, and so it is taken out carefully, dusted off and laboriously paged through, telling of a history for each page, each photograph laid meticulously upon the thick plaster-backboard of a person’s history.

It used to be that we all had one picture for an event – or, two at most, once Peoples Drug (for those who are old enough to remember; and that, in and of itself, was somewhat of a historical marker – when “Peoples” Drug – the drugstore of the “people”, was bought out by successive entities of greater reserve until it finally became a nondescript, boringly corporate entity under the designation of “CVS”; somehow, something was lost when the corner drugstore started in a suburb of D.C. was engulfed by mergers and corporate purchases) declared a two-for-one sale.

Of course, we all kept in safekeeping those brownish negatives that neatly fit into those thin plastic columns (i.e., thrown into a drawer based upon the sequence of receipt) – you know, the ones you hated to slide out because you could never get it back in without bending them, and somehow you suspected that they were never meant to be fit within the columns of plastic in the first place.

Somehow, there was something quaint and innocent about a picture album that only had one shot of a slice of life that told a limited tale about a person’s continuum of historical detail – by contrast, today’s Smartphone and digital chip that can hold literally thousands of photographs, and the person who is willing to show all in a public display for everyone in the universe to see, by downloading, uploading, displaying and replaying, for a person barely in his or her twenties.

The picture album is an anachronism, telling in its humility, limited access and manifesting a humble origin of consciousness.  It is a relic that bifurcates a “before” and an “after” – of a time now gone and lost forever, replaced by an after that manifests a change most of us never asked for.

To that end, the picture album is likened to a Federal or Postal employee with a medical condition.  That Federal or Postal employee suffers from a history of that which most of his or her coworkers are completely unaware of.  And like the picture album that is taken out from the dusty bookshelves of a corner closet, when the Federal or Postal employee comes to a point of needing to file 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, the reaction displayed by others is often one of boredom, lack of concern or even of interest shown in forced phoniness.  For, what others know or find out about a person’s life – even of his or her medical condition – is ultimately a private slice of life that is shared with quiet discretion.

Sincerely,

Robert R. McGill, Esquire

Postal & Federal Employee Disability Retirement: Foreground-background

Perspective is always an important component in all that is seen, done and accomplished.  For, without it, a self-contained sense of importance in light of irrelevance and insignificance always seems to dominate.

Seen from afar, standing in the background, can we always determine that which constitutes the background, as opposed to the foreground, of an individual or perspective some distance away?  Does a myopic vision constrict and further complicate, where we miss the details some distance beyond and make assumptions and presumptions to the detriment of a more “balanced” viewpoint?  Or, what of “tunnel vision”, where the peripheral views are restricted, and we are left with a centrality of focus but lacking in taking into account the contextual surroundings often necessary to determine a more accurate assessment?

In appreciating a painting or a photograph, does shifting one’s vantage point make a difference, even when the reality of the object observed reflects a one-dimensional canvas covered with colors and pigmentation which alters not despite nearness or farness of viewpoint?  Of the child who has not yet figured out the difference between a bucket and a photograph of a bucket – and raises himself on his tiptoes to view what is inside of a bucket upon a table, and does the same when viewing a picture of one (or in a supermarket line in trying to discern the cleavage of a magazine’s cover), is it important to recognize the distinction between foreground and background, and if so, at what age and why?

How does one attain a level of balanced perspective, and who determines when such achievement is arrived at?  Are we just born with the capacity and ability to calculate, assess, evaluate and analyze, and the natural outcome of conclusions derived are to be entrusted merely because “it is so” and the innate character of inherent superiority of man’s solutions can be applauded?  Does unwavering certainty by tone of voice and utterance of words deserve no suspicion of questioning?  Or, if a person comes along and says confidently, “Trust me”, we are to do so merely because – what?  If we walk through a dark forest and see afar a clearing where the sun has opened a spot of visual beauty, does it matter what constitutes a foreground as opposed to a background when the undisturbed scene asks not a question of impertinence or care?

In every situation, one’s background should be taken into account, in determining the relevance of the foreground to be assessed.

For the Federal employee or U.S. Postal worker who intends on preparing 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 importance of “how much” background to impart must be balanced with the foreground to be detailed, and it is always the combination of both which will determine the ultimate effectiveness in the preparation, formulation and filing of a Federal Disability Retirement application.  Foreground provides for the content of a background inserted with instrumental brevity, and too much background can dominate to make the foreground appear less compelling.  Perspective is always important, and a reasoned balance between background of a case, providing contextual information to understand the foreground of the narrative, is essential in the effective formulation of a Federal Disability Retirement application before the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Leaving without a Blip

Remember those old films, of silence, submarines and sonars (an acronym we have forgotten from the combination of terms, SOund, Navigation And Radar)?

There were those tense moments of complete silence, where heartbeats and perspiration could be palpably heard when life and death depended upon it, and the moment when someone coughed or dropped an object at the crucial moment; then, the sudden entrance of old Navy footage of depth charges being flung like spitballs from a rubber band, splashing into the ocean, then the angst of awaiting the slow sinking until the violent detonation of that camera-shaking explosion.

Was it close enough to have caused damage?  Can the heavy metal doors be shut in time to prevent deadly flooding?  Can the engineer fix the dent in the tin can just enough to chug along to the nearest base for further repair?  In the end, it all depended upon the blip on the screen, as the clockwork motion of the round screen revealed the positioning of the enemy vessel as the ghostly residue of existence left behind one’s presence, if only for a brief moment in time.

It is, in many ways, a metaphor for all lives; as merely a blip on a screen, and whether we are noticed, to what extent, by whom, and if one’s location deserves the catapult of a depth charge, or to be ignored as not warranting an adversarial response.

That is often how Federal employees and U.S. Postal workers contend with a medical or health condition which threatens to cut short one’s career with the Federal agency or the U.S. Postal Service:  Has enough of a blip been made?  Will a greater blip, or a longer presence of that ghostly residue on the clock-like screen, make up for the difference of extinguishment of existence?

There are those who enter a room quietly, and leave without notice; others, who must make a splash with each entrance, and falter in the exit because they have extended their welcome beyond polite niceties; and still others, who refuse to leave until formal recognition has been wrought from gated societies of diminished returns.  Which is preferable —  a blip which returns with a detonating device, or barely a yawn with the resulting quietude of an unnoticed exit?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates a filing with the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal Worker is under FERS, CSRS or CSRS Offset, a OPM Disability Retirement application — the question of being noticed or leaving a lasting mark is often a subconscious pull which unknowingly damages or delays.

But like the submarine in those old films, it is always the capacity and ability to control that moment of anxiety and fear which propels the successful endeavor of formulating an effective Federal Disability Retirement application with OPM; and lest we forget, avoidance of the depth charge is just an indicator of how much of a blip we really were, and not a precursor of what ghostly residues the Federal or Postal worker may become on the clockwork screen for the future.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: A First for Everything

We enjoy being “first” in everything.  Whether to engage in unique and bizarre attempts to gain recognition in the Guinness Book of Records, or to compete in a sports event, or perhaps to merely collect first editions of coins, books, etc., the penchant for being identified as the star in front of the line is ingrained.  Yet, when it comes to encounters of a new kind, where the stakes are no longer merely recognition or status of record holdings, the fear, angst and trembling overwhelms.  And so it should, when expertise and esoteric knowledge provides an advantage where necessity of purpose rises to the level of need.

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 positional duties, preparing, formulating and filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is always a “first”.  For, such tenancy of priority is no longer for entertainment or stardom; rather, it is to attain a level of basic needs where peripheral concerns become a centrality of purpose.  But fear should never prevent the penchant for paving the way for priority of purposes, and angst should never replace the vibrancy of entering arenas of new knowledge and categories of unknown mysteries.

The first step is the only pathway to become first in anything, and while the Federal or Postal worker who is in need of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the first in everything, it is enough to take that first step by contacting an attorney who specializes in such “firsts”, where each first is a laid groundwork for every first in the specialized area of Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Of Tomorrow’s Dreams Delayed

We like to think that our lives progress unencumbered in a linear line of advancement, with nary a bump or an obstacle unconquerable, and but for the occasional exuberance of planned erraticisms, the journey should be a smooth ride without surprises.  But just as planes sometimes fall from the sky, and nature betrays its perfection by mistaken errors of comedic turmoil, so the linear aspect of constancy often must confront the bumpiness of expectations.

Life rarely turns out as planned, and the more we plan, the less we expect fulfillment.  Perhaps that is the great tragedy of loss of youthful innocence.  In the end, it is how we face up to that realization that plans are meant to be altered, that unexpected curtailment of expectations unrealized merely represent the reality of the universe, and that in the end, the process of “how we face” it is more important than the desultory buoyancy of cynicism.

On a rollercoaster or other thrill-seeking device, there is often that final moment of exhilaration, that last pause before the turn; perhaps that is precisely why we seek such madness, for life itself rarely presents us with a similar and parallel event.  Instead, like the medical condition which slowly, steadily, and with monotonous rage progresses to debilitate, the constancy of repetitive boredom in life mirrors the tragedy of human proportionality and graveyards filled with unnamed tombstones.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition results in an inability to perform the essential elements of one’s positional duties, the bumping up against the tides of obstruction means that one must prepare, formulate, and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, or even CSRS Offset.

Life’s unfair advantage at throwing down an obstacle in the midst of a promising career should never betray the need to adapt and consider the alternatives beyond; and for the Federal or Postal worker who can no longer perform all of the essential elements of the Federal or Postal position, the likelihood that the Federal agency or the U.S. Postal Service will engage in harassment and ultimate termination of employment, is greater than not.  That is why, of tomorrow’s promises and dreams delayed, it is necessary to prepare, formulate and file for OPM Disability Retirement benefits today, so that the tomorrow of dismal dalliances may be deemed a desirable date of this day’s inestimable worth.

Sincerely,

Robert R. McGill, Esquire