Tag Archives: opm reassignment regulations when federal government employees can not longer do jobs

OPM Medical Retirement: Empathy: What it Says About Us

In a recent Wall Street Journal Article, there was a story about 3 people who died — of professional individuals who had purchased cocaine, but where the “product” was tainted with fentanyl and perhaps some other deadly additives.

Why was it so difficult to feel a sense of empathy for these people?  The fact that they all seemed “privileged” — of having good jobs, being young and having all of the alleged “appearance” of having social, professional and financial advantages — seems to come into play.  The judgment we make is: It was their “choice” to buy the drugs, to take them, to understand the chance they were taking, and so….

Yet, how are they any different, substantively, from the child who grows up in the “projects” and is daily surrounded by drug dealers, criminals and bad parenting?  What is the substantive difference between the two?  Why do we have empathy for the child who grows up with disadvantages and succumbs to them, but not for the ones who seemingly have all of the advantages in life, and yet, squanders them and descends to the level of those who have always been without?

Empathy is a funny animal; and moreover, it probably says something about us when we show it for some, feel it for others, and yet for those “others” — none at all.  Which is a lesson for Federal and Postal employees who suffer from an injury or disease, and who have shown a sense of loyalty to their Federal Agency or Postal Unit for many years, and expect to find some sympathy when they file for Federal Disability Retirement benefits under the FERS system.

Perhaps you believe that you will receive some modicum of empathy from your Agency or Postal Service.  Don’t.  And when you do not, don’t begin ruminating about it; for, in the end, it says something about your Agency, and not about yourself.

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: Ordinariness

That is what most of us are; but at the very beginning, should it be acknowledged, or is it better to puff up the ego when young, and allow for one to engage in the self-delusion of “otherwise”?

There is some comfort to it; yet, we all like to stand out from the rest of the crowd, and certainly, when trying to win the heart of a life-partner (yes, the term used in modernity, as opposed to the antiquated ones such as “spouse”, “husband”, “wife”, etc.), we strive to not be tagged with such a mundane label.  To be “ordinary” is to not be extraordinary.  But therein lies the comfort — of the warmth of being amongst others; as the sheep surrounded by the flock and not the loner out in the pasture, the sure target of wolves and other predatory eyes.

Moreover, when life takes a negative turn, no one wants anything but the yearning for ordinariness.  It is when we equate ordinariness with mediocrity that the sin of self-flagellation sets in.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that filing for Federal Disability Retirement benefits under FERS becomes a necessity, “ordinariness” is something you yearn for — to live the ordinary life without a medical condition; to continue your career in the Federal government; these, and much more, constitute the extraordinary life of the ordinary.

It is all a matter of perspective.  And so there it is: For most of us, being ordinary merely means that we accept our station in life; for in the end, it is the ordinary which runs the engine of society, and even though the Lamborghini may zoom past us, we all get to the same destination no matter in which car — the ordinary or the extraordinary.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law and begin the process of embracing ordinariness, which is the location to where we all want to return.

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 Attorney Legal Assistance: The Intended Goal

Every now and again, we see a video clip of the goal NOT intended — of a running back turned around and making for the wrong end zone; of a basketball player stick his or her leg out to block a pass, only to have the deflection make an arc and swish into the wrong basket; and other similar deviations from the intended goal.

Later in life, people forget to evaluate and analyze first what the intended goal is, before hazarding a lengthy trek towards the conclusion — i.e., years later, do we look at it and say to ourselves, “I should have…”.

OWCP under the Federal Department of Labor is one such animal where the intended goal is often overlooked.  OWCP is not a retirement system; instead, it is a benefit meant to return the Federal or Postal worker back to work.  FERS OPM Medical Retirement, on the other hand, is a system where one’s medical condition will allow the Federal or Postal worker to become eligible for early Federal or Postal Disability Retirement.

You can actually obtain an approval for FERS Disability Retirement while receiving OWCP benefits; you just can’t receive TTD and a FERS annuity concurrently, but you can have the FERS Disability Retirement approved but inactive.

The process for both is rather complicated, but if the intended goal is to retire early because you will never be able to go back to your former Federal or Postal job, you may want to consider filing for Federal Disability Retirement benefits under FERS.

Yes, yes, OWCP pays more — for the present — but FERS Disability Retirement continues to build your retirement system by counting the years you remain on Federal Disability Retirement until age 62.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement, and begin to process of evaluating and analyzing the intended goal.

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 Employee Disability Retirement: Secondary Causation

Can a Federal or Postal employee obtain an approval from the U.S. Office of Personnel Management, of a Federal OPM Disability Retirement benefit under FERS, for secondary-causation conditions?

Cancer is a prime example — for, it is most often NOT the cancer itself which debilitates a person, but rather, the secondary causation: The residual effects and after-effects of Chemotherapy and/or Radiation therapy, resulting in numbness, neuropathic pain, cognitive dysfunctions, memory loss, inability to focus or concentrate — the compendium of secondarily caused impact originating from the necessary treatment of the primary cause.

Thus, the mistake that many Federal and Postal employees make in presenting a Federal Disability Retirement application under FERS to the U.S. Office of Personnel Management, is in the characterization of one’s medical condition.  Secondary Causation cases can be tricky, and how it is presented makes all of the difference.

Contact a FERS Attorney who specializes in Federal and Postal Disability Retirement Law and see whether or not you qualify based upon a secondary causation condition.

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 Disability Retirement: Seeking Stability

It is what gives us hope and a sense of self-confidence: Stability.  How we seek it out; what is needed to maintain it; what satisfies the criteria for each individual; these are the questions that compel each of us in seeking stability.  Stability may differ for each individual.  For some, it may be satisfied by the certainty of a career.  For others, the requirements may involve family, friends and other relationships — that “internal” sense of stability that allows for greater chaos within the external world.

For Federal employees and U.S. Postal workers who suffer from a medical condition and where that medical condition prevents one from performing the essential elements of one’s Federal or Postal job, seeking stability within the context of an unstable work environment becomes of paramount importance.

Consult with an attorney who specializes in Federal Disability Retirement Law, and stabilize the uncertainties that surround your career which has been impeded and made difficult from a medical condition which is beyond your control.  For, that which is beyond your control is the very foundation of instability, and obtaining a Federal Disability Retirement annuity may be the road’s end in seeking stability.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Federal Employee Disability Retirement: Reactive Responses

By haste do we regret; by unthinking actions do we abide the fool.  Have you seen the sign often placed at the Clerk’s window at the local courthouse?  It will read something to the effect of: “Your procrastination does not create my emergency”.

Reactive responses, whether based upon a “real” emergency or one which seemingly appears so, are often the basis for later regrets and irreparable damage.  It is like the rule that everyone should follow in sending emails or posting comments on the Internet: Wait a day; sleep on it; set it aside for later consideration.

Few emergencies are rarely so; most are merely in the minds of the individual, burning like a forest fire out of control, but yet distant enough to suffer no lives.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits under FERS, the reactive response is often the fatal one.  Unless it is to meet a statute of limitations deadline, or to respond to an issue with a specific timeframe, most considerations which arise in a disability retirement application are rarely true emergencies and can be thoughtfully approached and resolved.

Contact a Federal Disability Lawyer who specializes in FERS Disability Retirement Law, lest haste results in waste and the thoughtless action reverberates with unintended consequences.

Sincerely,

Robert R. McGill
Federal Disability Attorney

 

FERS Medical Retirement from the OPM: The gods of modernity

Each era has its false gods — of Greek ones that explained the mysteries underlying the universe; of religions that conquered by the sword; of Philosophers and Kings who ruled with an iron fist; of Freud, Psychoanalysis and other ghosts in the machine; and in modernity, of youth and the cult of the young, and perhaps of the authors of self-help books who have cornered the market on wisdom replaced.

The gods of modernity are different from those of a generation ago; the “I” and the “me” that pervades on Facebook, Twitter and Instagram; of the perfect “me” who takes selfies at every opportunity to reinforce and remind of the hollowness of the gods we make of ourselves; and in the end, the loneliness that one is left with when the screen is shut down and one is left with the reality of facing one’s self in the loneliness of a perception that cannot be faced in the mirror of one’s own reflection.

And of the other gods of reality: Perfection in perception.  But what happens if perception must encounter reality?  That is often the problem with a medical condition — for, medical conditions remind us of the ugliness of the world around: of mortality, vulnerability, and the loss of societal empathy for all things imperfect.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows one to be “perfect” in the workplace, and where the essential elements of one’s job can no longer be met, it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application so that the focus of one’s life can be redirected in order to regain one’s health.

The gods of modernity — of a career, of never-ending competence and productivity in one’s Federal or Postal job — must be replaced with a revaluation of what is truly important in life: Health, sanity, and some semblance of caring.  And while securing a FERS Disability Retirement annuity may not be the answer to all of life’s ills, it will at least secure a future in order to focus upon getting better, and perhaps reorienting one’s focus upon a future that may be different and better.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

 

FERS Disability Retirement from the OPM: Changes we resist

It is almost a tautology; two words placed together as synonyms; and, indeed, the word “change” and its neighbor, “resist” have a commonality that cannot be avoided: Both imply an alteration and a sense of life’s modification never to return back.

We resist it, precisely because we want it to remain the same; but change is inevitable, and to resist is to often engage in acts of futility against a tide which resists resistance.  Few of us welcome, let alone savor, changes in our lives; and when they first appear on the horizon of potentiality, we try and resist, to stop it, to alter the course of history’s onward march.

Perhaps we merely refuse to join in with the change; or have an inner attitude of non-acceptance; or sit gloomily and pout throughout the remainder of days simmering with resentment that we were forced to accept that which we never wanted.  It is like the divorce that shattered one’s childhood and from which we never recovered; the stepmother or stepfather who entered our lives only added salt to the wound where change was resisted but no one listened to our protestations and pleas, asking, “Why can’t it be the same as always?”

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, “change” and the “resistance” to change are inevitable dualities of life’s misgivings.

Perhaps you were once at the “top of your game” and considered the best at what you do; or, perhaps you thrived on anonymity and were happy to work in a quiet, unassuming way.  Regardless, the very thought of change is something you resisted, but a medical condition forced such a change whether you like it or not.

Change itself is always difficult, but there are ways to mitigate the vulnerabilities that accompany change: Consult with an attorney before engaging battle with the U.S. Office of Personnel Management in filing for Federal Disability Retirement benefits.  For, while change may be like the uninvited stepmother or stepfather into one’s life, the change that truly becomes a tumultuous event is the one where you step forward into the unknown without any guidance or assistance.

Consult with an attorney who specializes in Federal Disability Retirement Law in preparing, formulating and filing for Federal and Postal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Purposive sequence

Are all things in a sequence “purposive”?  If you are walking in the countryside and come upon a horse, a man and a pig, in that order, was there any “purposive” meaning in the sequence met, or was it random and a reflection of the chaos of the universe as a whole?  If it had been in a different order — say, you first came upon the pig, then the horse, and finally the man — would there be a question as to either the sequence or the meaning of the sequence?

Now, take a different hypothetical, where you come into a child’s room who is engrossed in fantasy and play, and the child has a sequence of stuffed animals: Again, they are in a line of a stuffed horse, a doll of a man, and a large plastic pig, in the very sequence you encountered while out in the countryside.  You laugh and say to the child, “Oh, that’s very peculiar, I just came across those three in the identical sequence you have them in.  Of course, it is just coincidence, but nevertheless odd.”  The child smiles, turns to you and says, “Of course it’s not a coincidence.  The horse is the most beautiful creature in the universe, and therefore comes first; the man is the cleverest, and therefore should be second; and the pig is the smartest, but since intelligence should come after beauty and be placed below being clever, he comes third!”

In such an instance, did the fact that a purposive assignment of intent change the sequence and the meaning ascribed?  In other words, did the “human” explanation as to the sequence presented alter the objective foundation behind the orderliness of the universe, or does it yet remain in chaos except for the subjective ordering by the child?  Or, is Kant correct in positing that the chaos of the universe is internally ordered by human categories structuring the outside world, and left without such subjective impositions, we would never be able to comprehend the disordered universe?

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, it is important to engage in a purposive sequence of completing the Federal Disability Retirement application.

The medical condition itself is chaos enough, as it impacts one’s life and livelihood, but it is the medical condition that becomes the center and foundation of a Federal Disability Retirement application, whether the Federal employee is under FERS, CSRS or CSRS Offset.  From the chaos imposed from the objective world, a purposive sequence must be countered from the subjective universe of the Federal or Postal employee, and that purposive sequence must begin with the chaos of the unordered world itself: The medical condition, from which all else naturally and artificially proves the case to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire