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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
    • Agency’s and/or Supervisor’s Actions (44)
    • Application, Appeals, and Other Medical Documentation Submitted To the OPM (44)
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    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (18)
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FERS Disability Retirement: Turning Over the Proverbial “New Leaf”

Posted on September 29, 2020 by Federal Disability Retirement Attorney

It does not have to occur only on New Year’s Eve.  Sometimes, circumstances dictate whether or not a new beginning, an initiation of a different process, or just a required “new scene” is embraced.  At other times, we may merely decided that it is a “want” as opposed to a dictation from circumstances otherwise uncontrollable.

Whatever the reasons, turning over a new leaf — that proverbial changing of one’s behavior, alteration of an attitude, or a different direction in a career or vocational choice — is what is required.

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, initiating the process for filing of a Federal Disability Retirement application may be what is needed for the “new leaf”.

Consult with a FERS Disability Attorney who specializes in FERS Disability Retirement Law, and begin the administrative process of turning over that proverbial “New Leaf”.

Sincerely,

Robert R. McGill, Esquire

 

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Federal & Postal Disability Retirement: Options Unrealized

Posted on June 22, 2019 by Federal Disability Retirement Attorney

Is an option an option if it is unrealized?  “Unrealized”, of course, can have 2 different but subtle meanings — of not being known at all or — in a second sense — of known but just not actualized.  If a person is entirely unaware of an alternative course of action or a pathway delving into a different set of circumstances, can those other avenues be considered “options”?

They are, of course, options in a generic sense, but perhaps not yet individualized.  Take the following hypothetical: buried a foot below the ground is a hidden treasure, a trove of gold coins left behind by Spanish conquistadors many centuries before, now covered by layers of sediment and overgrown grass.

A detectorist (yes, from that cult-like following of a 3-series program) who has gone over the same ground multiple times, suddenly receives a positive signal of a potential find; stops, digs, and — becomes rich and famous.  When asked about it, he replies, “I had gone over the same area many times before and knew that something might be there, but didn’t want to realize my option because, to do so would then take the fun out of it.”  Huh?

Now, that person truly had an option — knowledge of a potential treasure and a choice to exercise the option to find it, but refraining from doing so.  Or, by contrast, the first-time detectorist who stumbles upon the same treasure trove at the first opportunity to cover that same ground — he had no “option”, but simply exercised it upon receiving a positive signal from his metal detector.

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 options unrealized are often those that have never been told of, announced or even considered — like preparing, formulating and filing for Federal Disability Retirement benefits under FERS.

Perhaps your agency or the Postal Service never apprised you of the benefit of Federal Disability Retirement; or, perhaps you were once told but completely forgot.  In either case, the options unrealized are the ones that can do you harm, and it is only if you take the necessary steps to realized the unrealized options that it can do a person any good, and the first step towards realizing an option unrealized is to consult with an Attorney who specializes in that option yet to be realized: FERS Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

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OPM Disability Retirement: Seriousness in a time of folly

Posted on June 4, 2019 by Federal Disability Retirement Attorney

The young are expected to engage in folly; middle age, of some peripheral insight; the old, of wisdom finally gained; and of deathbed conversions, a last gasp of regrets untold.

The imbalances in a world turned topsy-turvy impede upon an ordered universe: Today, the young are idolized and youth is the new god of sunlight; the middle-aged engage in nostalgia before their time, constantly striving to regain that which was lost by a mere filament of grey, and begin telling untruths about one’s age, shaving a year here, getting a botox injection merely to flatten the crease of a smile’s delay; and the aged are shuttered in corners where irrelevance was merely an afterthought, in roomful of arms outstretched in hopes that yoga will prolong the agony of an uncertain afterlife.

This is an age which has been deemed the “Cult of the Youth”, but more than that, where seriousness can scantily be found in this time of folly.  We merely talk a lot.  Our grandfathers once gave us the tidbit of wisdom: Talk is cheap.  Yet, in this age of seriousness lost in a time of folly, we continue to merely talk especially because the price of doing something beyond talk is too great a burden to bear.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal worker to continue in one’s chosen career with the Federal Agency or the Postal Service, it is time to consider seriousness in a time of folly. The “folly” is the notion that things can continue as they have before; the “seriousness” is the decision to come to the realization that change is necessary and must now come about.  The further question is: What form does the change come in, and how does one go about it?

Federal Disability Retirement is a benefit which should be considered when the folly overtakes and the seriousness must be faced.  It is a long and arduous administrative process, full of bureaucratic pitfalls, and consultation and guidance by an experienced Attorney who specializes in Federal Disability Retirement Law is a first step towards recognizing that seriousness in a time of folly is a consideration to embrace for a future yet uncertain.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

 

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Medical Disability Retirement under FERS & CSRS: Persuasion

Posted on October 3, 2017 by Federal Disability Retirement Attorney

What does it mean to “persuade”?  Is it an outcome-based event?  Can one be “persuasive”, yet never persuade anyone to act upon a commitment made, perhaps verbally or with a nod of the head?  What of a person who everyone agrees makes the most persuasive arguments, turns everyone’s heads with accolades of “wow” and “boy!”, yet no one can find a single person who has been persuaded to change one’s mind or follow?

How about in battle – of that skinny little runt of a captain who nervously spoke, but who charged the troops up with great words and ideas and said, “Let’s go!”  But no one really was convinced to follow him because of his diminutive appearance and lack-of-self-confidence demeanor.  Contrast that to the big, hulking leader who never spoke much but, when he said something, people believed and followed him to the death – it wasn’t words that persuaded, but his very air of reliance, dependability and self-assurance of being right.

Thus, does “being persuasive” always have to do with logical thought processes, relationships between words, ideas and the reality of being – or, can it also include one’s tonality of voice, air of confidence and seeming self-righteousness?  Can one be persuaded by fear alone, or must there be a conceptual connection – a “belief” in something – that must accompany in order to be validly persuaded?

Can an army that is comprised of a loose connection of mercenaries persuaded only by money, looting potential and promises of riches be as fearsome (or more so) than one that believes in a “cause”, is rooted in discipline and love of country?  At what point does persuasion even come into play?  In other words, can a person be completely unpersuaded throughout the course of an argument, say, and then at the very end declare, “Okay, I’m convinced”, when no part of the final five minutes of the argument contained any basis for such a change of mind?  Is “being persuaded” merely a logical connection of rational argumentation, or is there some emotional element mixed therein?

For Federal employees and U.S. Postal workers who are considering 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 question of persuasion is an important one.

First, the Federal and Postal employee must be persuaded that filing for Federal Disability Retirement is a necessary next step.  Then, doctors must be persuaded to be supportive.  Further, legal and medical documentation must be provided which must contain persuasive evidence.  And finally, the evidence submitted must be compelling enough to persuade the U.S. Office of Personnel Management.  Thus, whether fully logical, or containing some elements of the emotional, persuasion is an essential component of an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

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Medical Retirement for Federal Employees: The ‘Why’ of life

Posted on May 10, 2017 by OPM Disability Retirement Lawyer

Why do we do that which we do?  Do other species engage in such reflective self-assessments, or do they just perform the act without positing the query?  Or course, there is the antecedent question of whether the question itself is asked in the linguistic modality which we embrace; or, is there another form of a more subtle nature that other animals correlate and learn from without a long utterance ending with a grammatical interrogative?

Perhaps, in the mere instinctive alteration of actions future-oriented displays the capacity of other species to “learn” from past mistakes and potential dangers allowed by careless indifference, and such changes in behavior itself by fiat already answers the query of ‘why’.  Thus, the question asked in the silence of one’s subtle modification in behavioral psychology constitutes, for other species, that self-assessment, and the mere fact that a public declaration is not made, does not necessarily prove that we are unique because we persistently ask such questions without ever answering them.

Is that why human folly persists through the ages, perennially, without alteration, without revealing any wisdom gained, understanding embraced or comprehension manifested?  Do we think that because we ask the question itself, without ever coming to a consensus of answers, that we are therefore more sophisticated, more intelligent and wiser than our earthly companions as well as our predecessors?  Is a question unanswered of any value if we never gain any knowledge or greater comprehension of the universe within which we occupy, merely because of the asking or the utterance of the interrogative?

Language often becomes the “stopper” – that appearance and semblance of an act which is merely an utterance of inactivity, but because of the significance and relevance which we place upon it, is often and mistakenly thought of as an accomplishing feat.  Misjudging mere words in the interrogative form for substantive sincerity of actions often leads to inertia and being stuck in the mud of life.

For Federal employees and U.S. Postal workers who are suffering 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 job, the question asked will often paralyze, and the ‘Why’ that is never answered can invite one upon the treadmill that never goes anywhere.

It is the step beyond the question that makes all the difference, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the substantive answer that follows upon the perennial question that is never answered, never satisfied, and forever posited:  Why?

Sincerely,

Robert R. McGill, Esquire

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  • More on CSRS & FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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