Tag Archives: opm guide lines for light duty and medical retirement

Federal Disability Retirement: The Signs of Age

Trees provide the signs with circular rings (is that a redundancy — is there any other type of “ring” except a circular one?) upon cutting it down.  Can a tree tell a lie?  Can it whittle away (yes, the pun is intended) a few years, like humans do, and make a few of those rings disappear so that it shows off its youth as opposed to the stodgy old fogey which the dead stump presupposes?  And, if it could, what would be the motivation?

Humans, of course, possess, harbor, retain and regretfully manifest all sorts of motivations — some simple, often complex, others with unknowable intentions.  On a simple, fundamental level, that of vanity — of wanting to remain relevant in this youth-centered culture where the signs of age make for irrelevance.  Other motivations — of psychological turmoil where one’s appearance of youth has been relied upon for advancement in employment, acceptance among others; and still others, of wanting to hold on to a semblance of the metaphorical fountain of youth.

Plastic surgery can hide the inevitable ravages of age; dying one’s hair; working out; eating well; and yet, somehow, we all succumb to the inevitability of Father Time — whether by mere mortality or, illnesses which begin to develop.

Yes, we live longer than ever, now, but have our bodies adapted in this short time-span of forced evolutionary progress?  Have the cellular structures adapted to longevity when disease and malignancy await to take advantage of our weakened state by age?

For Federal employees and U.S. Postal Service workers who “feel the signs of age” because of a medical condition which impacts one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job — when, the job you occupy is a challenge for the healthiest of individuals, or for that young whippersnapper you once were, but are not now — you may need to consider initiating a Federal Disability Retirement application under the FERS system through the U.S. Office of Personnel Management.

For, in the end, no matter the attempts to subvert and avoid the signs of age, it is nevertheless the natural inevitability of our lives, no matter the artificial attempts to disregard it.

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 Disability Retirement: The Past We Imagine

To live in the past is to stunt growth; to merely exist for the present moment, an afterthought’s condiment to the greater self we can be; and to constantly strive for the future is to lose the meaning of life.  There is always a balance to be reached — not only in the past; not merely in the present; not solely for the future.  The three negations — of not, not and not — is a difficult recipe to bake.

Aristotle’s Nicomachean Ethics attempts to teach of the middle or “mean” path, but these days, modernity is unable to comprehend his teachings because we no longer understand the concept of moral virtues.

In modernity, nothing moral is of any consequence (there we go again with the negation of a concept).  So, let us try and delete and extinguish the negations, and rephrase it in positive terms, if we can.  Often, the past we imagine is not the true characterization — for, that terrible childhood we experienced in contrast to the perfection of our neighbor’s past, is often a false magnification of our biased memories. Many of us had bad childhoods; of terrible, destructive parents; of neglectful siblings; of hard times.

First, rebuild the past memories; compartmentalize the negatives and focus on the happy ones.  Second, don’t compare your present circumstances to the past, but paint a picture of hope for the future.  And third, formulate a positive statement for the future — such as, “There is always a pathway forward, under any circumstances”.  Then, live the life of virtue by sticking to the balance between past, present and future.

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 the Federal or Postal worker’s job duties, the future may need to be “painted” with an effective application for Federal Disability Retirement benefits.  The past we imagined must now be set aside; the present circumstances must merely be endured; the future may involve a different career, but it is nevertheless a pathway forward.

Contact a Federal Attorney who specializes in OPM Disability Retirement Law and set aside the past we imagine, and instead, put a proper perspective on the present, and seek guidance for the future.

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 Disability Retirement: Preparing a Seamless Application

Is it possible?  When two fabrics are sewn together, it is almost always the case that a seam will appear; but it is the expert seamstress who has the knowledge of the proper stitch, the “tricks of the trade” and the technical knowledge in order to make it appear as if the boundary doesn’t exist, so that the two foreign bodies mesh and meld into one.  There may be multiple seams in creating a piece of clothing; where the sleeves meet; the attachment of the pockets; or, for style’s sake, sometimes the seams are meant to show.

This is true of almost any process which involves the combining of materials, people, organizations and differing entities — the “seams” must be sewn in order to become a combined but single body; the question is whether there will remain a weakness in the seam, to what extent the seam will show, and how strong the seam will be.

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 position, the key to preparing a seamless application will depend upon the proper analysis, evaluation and coordination of the various elements involved in the process itself.  The medical evidence to gather; the relevant information to include; the legal arguments to be made; the nexus between the medical condition and the essential elements of the position — these all must be brought together by the expert hands of the “tailor” who knows the “stitches” to apply.

Consult with an Attorney who specializes in Federal Disability Retirement Law in preparing as seamless an application as possible.  For, it is the expert tailor who has the knowledge and expertise to make both the process and the substance as a seamless entity, and that is the key to a successful outcome.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement from OPM: The key

It is both a tool of utility in order to gain entrance and accessibility to an otherwise abrupt encounter with an obstacle barring further forward progress, as well as a well-worn metaphor appropriately applied to miracles, magic and moments of mandatory martyrdom.  It is a wonder that a slight defect in the metallic shaving of the implement can allow for the turning of it, and opening into the entranceway, but for that additional indentation; or of a barcode smudged which refuses to make an allowance.  In either case, whether as a physical tool or an electronic pass embedded in the plastic sheen of society’s muse, what it opens is the foundation for its very existence.

Accessibility is the key, or so we are told; and the key, well, that is what must be sought, earned or otherwise stolen by stealth or whatever other means of perpetuity engaged in order to embrace the incantations of eternal youth.  It is that mythological “fountain of youth”, after all, which we seek; and the key to gain entrance into the club of rubbing elbows can only be obtained by smarts, good looks and intellectual prowess.

Time was that we were all sold on the idea that education and hard work was the “key” to success; but then, it turns out that the system itself was somehow unfair and weighted in favor of one class or group over another, and so the tinkering began, to right wrongs which otherwise wrongfully righted past and historical wrongs, by asserting rights previously unknown to have existed, but which now could be miraculously discovered in the subtext of originalism where intentionality could be denoted through greater concentration and willpower to discern.

The greater key, then, became who you know, what levers of power could be pulled, and the insider trading of such greater knowledge, while all the time throwing breadcrumbs to the greater masses in order to appease the rumblings of starvation times yet to arrive.

It is always a key of which we seek; whether by force, by protest, by assertion of rights unearned; and when we lose them, we scream with frustration at the unfairness of the gods of fate whom we turn to only when destiny denies the promised predetermination of an outcome-based society lost forever in the hollow utterances of vote-getters, who also seek the public arena of keys revealed in goodie-bags dispensed with public funds.  For, when doors close and open by devices of mysterious barcodes, the suspicion that something else is going on behind such closure and obstacles to accessibility somehow reverberates with a truth left undeniable.

The truth is, there is no single “key” to life’s puzzles or perennial questions remaining without answers; life itself is too wide an expanse, too great a concept, and too generalized a thought to allow for a device to insert into an emptiness of soul in order to turn and open for a final solution to a door otherwise unopened but by those who expend the greater effort.

For Federal employees and U.S. Postal workers who seek the “key” to questions unanswered in 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, there is no “master key” to uncover in order to understand the complex administrative process in such a greater bureaucratic morass.

Instead, the fundamental key to first determine is to prove that the medical condition suffered by the Federal or Postal employee prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties.  From there, the unlocking of inaccessibility will be determined by the key of legal criteria, opened only by those who possess the barcode of cogent argumentation upon uncovering the keyhole allowing for a nexus between the medical condition and the legal penumbras of technical application.  And, like all keys, it is that extra little shaving and indentation which will allow for accessibility, and turn the tides of a life otherwise barred.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Privacy and the parody which excites

The bifurcation between public and private issues has been blurred to such an extent that the social norms which once prevailed no longer apply.  Public figures constantly complain about the intrusion of unwanted exposure, and yet they generate and welcome their wealth precisely by means of voluntarily submitting to such magnified scrutiny.  Notoriety in modernity results in the accumulation of a fattened checkbook; protestations aside, it is hollow hypocrisy indeed to claim violation of trespass.

In purely private lives, that which was once discreetly implied, but otherwise remained concealed, is now publicly displayed on Facebook, tweeted on Twitter, and exposed on Websites throughout the ethereal universe of the Internet.  While not formally designated as a “secret”, and perhaps not even covered under confidentiality terms, there was a general sense and acceptance that certain functions, both bodily and otherwise revelatory of actions within the strict confines of plaster walls, need not, should not, and would not be displayed for public consumption.  Of course, hackers burglarize for purposes of nefarious means, but aside from access to financial divestitures, it turns out that much of the information exposed had already previously been displayed, anyway.  Nevertheless, we feign violative dismay and engage in the parody of life where access of private lives excites the worst within us.

Medical information, of course, remains somewhat in a different category; although, from the confessions revealed in television commercials of medications available for conditions which would bring the pink of blushing to grandmothers of yore, one questions whether anything is left sacrosanct, anymore.  But that is the ultimate distinction to be made, isn’t it?  We can talk of medical conditions unwedded to a particular individual, and it remains acceptable; once the medical condition is identified with a specific person, and revealed, then a violation of privacy has occurred.  Aside from standing in line at the Post Office and being forced to listen to old people talk about the most recent medical procedures performed, the majority of the population still considers certain information to be “private”, if not a family’s “secret”.

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 the essential elements of one’s positional duties at the Federal or Postal job, worries over maintaining the privacy of one’s medical file always remains a concern of inextricable engagement.  Human beings being who they are, the chance that the most private of medical information must be, or will be, disseminated beyond the periphery of a “need to know” criteria, is greater than any normative constraints will guarantee.

In the end, the best approach is to simply do the best that one can in trying to limit exposure and revelation of that most private of information; but when the Federal Disability Retirement packet reaches the Agency’s Human Resource Office, en route to the U.S. Office of Personnel Management, the concerns of privacy will always follow where the parody which excites may not be able to fully be prevented.

Sincerely,

Robert R. McGill, Esquire