Tag Archives: opm removal action due to inability to perform position duties requiring medical standards

OPM Medical Retirement: Of a World No Longer

One can lament the destruction and non-existence of what once was; or, following upon youth’s folly where memories have not yet formed in order to compare and contrast anything in the past and therefore such lamentations cannot be validated, we can just walk about in ignorance.

As we grow older, we perhaps exaggerate the pleasantries of our past — of a world no longer in existence.

Was it better “back then”?  Obviously, it depends largely upon whose perspective we are seeing the world from.  From the perspective of those classes of individuals who were once oppressed, where discrimination and legally-enforced restrictions of opportunities constituted the mainstay of daily living, perhaps that yearned-for world that is no longer in existence, is the not the preferred opinion.  Yet, even among the previously – oppressed, there is often a nostalgia for the simplicity of days gone by.

“Worlds”, of course, can take on different meanings.  It need not refer to large chunks of civilization’s great epochs; instead, it can be — from an individual standpoint — a person’s own prior period of one’s lifespan.

Thus, for Federal employees and U.S. Postal workers who now suffer from a medical condition such that the condition no longer allows for continuation in one’s Federal or Postal career, of a world no longer in existence may be represented by that individual of some distant past who was vibrant, healthy and able to take on the world.  That is a world which no longer exists, because of a medical condition which will not go away.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement benefits from the U.S. Office of Personnel Management, and let not the past — of a world no longer — dominate your present or future comforts.

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 & Postal Worker Disability Retirement Benefits: Time Spent

We have all had that experience — of time spent, perhaps on a project, a hobby, a career goal or some other pursuit — but which resulted in a dead end.  Time spent on something which fails to produce the fruit desired is often considered “wasted time”; or, perhaps something is salvageable, like some lesson learned which can then be transferred to the next pursuance of something worthwhile.

But time spent on something which has no possibility of a positive outcome — like a medical condition which is becoming a chronic, intractable fact of life — becomes a self-defeating pursuit.  For, what is the purpose of such time which is spent?  It is merely to obsess upon a condition of one’s life, to deplore its effects and become despondent over the future.

Time spent upon dead-end thought-processes is merely to waste and whittle the time away for no good reason.

Better to put one’s energies into securing one’s future by preparing, formulating and filing an effective Federal Disability Retirement application under FERS, then to turn one’s energy and time upon another career beyond the federal government.  Contact an OPM Attorney who specializes in Federal Disability Retirement, and begin the process of reevaluating the time spent on what you can no longer do, as opposed to spending time on what you might be able to do in 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.

 

FERS Employees Medical Retirement from the OPM: The Insatiable Appetite

This is a world which possesses it; each species is driven by it; the human experience confirms it.  The insatiable appetite is one which wants more, craves more, and is never satisfied.  Technology hints at it; and when Plato discusses the need for a balanced soul, whereby the rational part must govern the appetitive, he understood the nature of the extreme.

We may give lip service to our desire to live a more contemplative, laid-back life, but the plain fact is that the combination of unfettered capitalism and loss of societal boundaries naturally results in the insatiable appetite — of greater stimulation in video formats; of wealth beyond what a single person can consume; of a national debt which cannot have a ceiling; of brutality in war that has no humanity, etc.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition “slows down” the pace of life — by necessity, because there is a natural limit as to what the human body and mind can take — filing for Federal Disability Retirement benefits under FERS is an acknowledgment that there is a cost to the insatiable appetite.

We cannot go on forever at the frenetic pace which life attempts to force upon us, and instead, we are left with making certain critical decisions: Is the cost of my health worth the job I have?

Contact a disability attorney to discuss the possibility of filing an effective OPM Disability Retirement application under FERS, and begin considering whether the insatiable appetite can at least be confined to the cages of medieval moats and dungeons of the past.

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 Government Employee Medical Retirement: Charting a Course

Will such a need vanish because of our dependence upon technology?

The concept itself is becoming stranger by the minute; for, there are GPS mechanisms which perform all such work for us.  We need no longer “chart a course”, because we merely have to input the information and the technology does it for us.  But does dependence upon technology interfere with the skills needed for development in a world which sometimes encounters error and break-downs?

Certainly, cars and other gadgets have become too complex for us to tinker with on a Saturday afternoon.  Have you recently looked under the hood of a new car?  Where do you even begin?

Children of modernity can’t even find their way home without relying upon a GPS system, leaving aside trying to even change the oil on a car.  “Charting a Course” is likely an outdated system, as well.

But for Federal and Postal employees who need to file for Federal Disability Retirement, charting the correct course in preparing, formulating and filing an effective Federal Disability Retirement application under FERS is a crucial first step.  For, the U.S. Office of Personnel Management is in existence to try and derail the charted course, and that is why consulting with an attorney who specializes in Federal Disability Retirement Law is an important first step in charting a course which will lead to a successful result.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Typical Day

For some, it is a monotonous conversation which can be engaged in while being on mental autopilot: “How was your day?”  “Good.  Just another typical day.  And yours?”  “The same.”

It is that repetitive pablum of pointless conversations engaged in throughout households the world over — pointless, but necessary, in order to establish the comfort of monotony, which is what we all seek; we just don’t know it.  We think we desire excitement — though not too much of it; or of an atypical day — so long as we can rely upon a typical day following; or perhaps, for some, of a fresh relationship — so long as it does not infringe upon the ones we already have.

The “typical day” is one which is challenging — but not so much that we cannot meet the challenge; a day which may have some surprises — but not ones we could not have predicted; and, perhaps, a day which can be talked about without reverting back to the pablum of autopilot — so long as we can relax and not put too much energy into the conversation of the day.

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, there is no such thing as a “typical day”.  Each day is fraught with pain, anguish, unpredictable behavior on the part of supervisors and coworkers; unending harassment from one’s own agency; and the fear of a future yet to be decided.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin to consider whether or not Federal Disability Retirement might return you from the atypical days of today, to those boring, typical days you once knew.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

OPM Retirement for Mental or Physical Incapacity: Expunging the negative

If all negative words were expunged from the universe, would we hold only positive thoughts?  Or, is there an inherent, innate need to recognize and state the negative, regardless?

If you are sitting in your office and a lion walks in, pounces upon your least-favorite supervisor and devours him whole, do you turn to your colleague and calmly say, “He lived a very good life.”  For, in such a universe, expunging the negative has been already accomplished, and such statements as, “Oh, what a horrible thing to have happened!” is no longer allowable, and the law has forbidden such discourse of linguistic negativity.  Is it possible?

Does conceptual thought depend upon individual language, vocabulary and grammar?  Are there tribes and communities where there exists no language that elicits anything but the positive?  What if there was no word for describing an idiot, or a mean, unpleasant person; would we break the new law and immediately recreate such words and refill our empty prescription such that expunging the negative, or any attempt thereof, becomes an activity of futility and exercise of frustration?  Do conceptual constructs exist without words to describe them, or do words and language games impose upon us a reality that would not otherwise exist?

Thus, if a person does something “mean”, and is caught doing it, but we have no vocabulary to describe, confront, or otherwise accuse the person of the wrongdoing, would a shrill scream or a primordial groan be sufficient, or would we have to “invent” a word for the indescribable event?  Or, would the counterintuitive alternative be the case: The event, not having a word to describe it, and thus there would exist no such conceptual construct, therefore means that it does not exist, and thus is not “wrong” because there is no vocabulary or language game to identify it.

Whatever one’s belief on the matter, expunging the negative requires, at a minimum, a deliberative intent to “remain positive”.  That is often easier said than done, especially if you are a Federal employee or U.S. Postal worker who suffers 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 your Federal or Postal job.  You can certainly attempt to expunge the negative, but the reality is that the underlying medical condition, the harassment at work and the adversarial, hostile atmosphere will continue to exist.

Taking a “real” step – like filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset – is likely a more “realistic” approach, as opposed to relying upon expunging the negative and failing to see the emperor without his clothes.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The persistent tinnitus of life

The root word that contains a valid diagnosis of a medical condition, sometimes comes about gradually, others at a persistent rate of uncommon urgency; and whether by emanation of a serious, primary condition such as Meniere’s Disease, a brain tumor or cardiac elements impacting upon the heart or blood vessels, or mere residuals from a short-lived ear infection, the low, persistent ringing can interrupt and disrupt focus, concentration, attention to detail, and lead to depression, anxiety and panic that the idea of sounds being heard without the objective world recognizing or acknowledging them, can indeed be disturbing.

Tinnitus is a serious medical condition; yet, while we seek treatment for such a state of health deviancy, we allow the persistent tinnitus of life to surround, abound and confound us throughout.  The persistent tinnitus of life is almost an unavoidable juggernaut in modernity.   Yes, we can make the inane argument that, as we are the gatekeepers that can allow, deny or limit the access granted on any given day, who can withstand the active and passive onslaught of daily and onerous, oppressive bombardment of the multitudinous spires of high-speed jettisoning of such information overload on a daily, consistent basis?

From blaring headlines screaming while standing passively in a grocery store, to gas pumps that speak back to you with the selective entertainment headlines of the day; from unsolicited advertisements personalized to one’s computer based upon information provided and shared despite every precautionary steps taken, to mediums of electronic communication that are depended upon and mandated in this day and age just to remain employed; we cannot put a wall between the need for a soul’s quietude and the persistent tinnitus of life.  If not completely, then how about in some limited form?

The trick, then, is not to succumb completely, nor attempt to sequester one’s self in a hermitage of complete abandonment; rather, to selectively distinguish between information of useless human detritus from that of relevance and significance; in short, between Orwellian linguistic garbage and that which constitutes “wisdom”.

For Federal employees and U.S. Postal workers who are contemplating 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, the importance of limiting the persistent tinnitus of life applies to the process of preparing, formulating and filing an effective Federal Disability Retirement application, especially by recognizing the distinction between truth and falsity, between objective facts and inaccurate innuendoes; for, in the end, the medical disability retirement application must contain the facts to persuade, the evidence to establish, and the legal arguments to consider, and in order to do that, one must resist the persistent tinnitus of life.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: The unmerited edge

And what did they all do to merit the position of harassing? Merely a negation of something never earned: Not getting sick; not becoming crippled with a medical condition; not having a medical disability. Of what accolades should be showered for that? Why is it that the person whose only success in life is a negation of nothingness, should have any edge at all, merited, unmerited or otherwise?

Life often makes no sense; and, while the concept of “fairness” is quite a subjective one, most can agree at least that being in a state of unmerited oblivion should not accord one any edge at all, but to have it would be “unfair” by fiat of logical acceptability.

Should awards be presented to, and accolades showered upon, those who are in a position of power, influence or application of future determinations upon people’s careers and job security, even if that power that provides an advantage and edge is unmerited?

One can argue that the mere fact that a person has risen to such a position in and of itself constitutes a meritorious status and stature; but, even given that, does not continuing merit depend upon a current historicity of ongoing accomplishments? And, are not some characteristics not merit-based, but merely acquired – such as negations involving “not becoming sick”, “not having a chronic medical condition” and “not being prevented from performing one or more of the essential elements of one’s job”?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has come to a point where he or she is no longer able to perform one or more of the essential elements of his or her Federal or Postal job, it may be time to prepare 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.

In the administrative process of enduring this bureaucratic maze, that Federal or Postal disability retirement applicant will likely encounter the adversarial face-off with Supervisors, Managers and Agency heads who likely possess the unmerited edge – that advantage over the Federal or Postal Federal Disability Retirement applicant – and the power to determine the course of actions contemplated or otherwise begun.

Be careful, however, as the unmerited edge should be distinguished from the power to harass, intimidate and initiate adversarial procedures. For, there are many in this world who possess power and use it indiscriminately, even though it may well be an edge which is unmerited.

Sincerely,

Robert R. McGill, Esquire