Tag Archives: opm workman’s compensation and disability law office

Office of Personnel Management (OPM) Disability Retirement: Off on a Tangent

It can be done inadvertently, without malice, and often unintentionally — and so long as one remains within the insular world of language, no harm occurs in most instances, in most circumstances.

Of course, to literally go off on a tangent — if you are walking in the wilderness without a compass; out in the deep sea in a small skiff; wandering about in a neighborhood known for drive-by shootings — can be quite another thing.

But for the most part, when we say that “So-and-so often goes off on a tangent” or “Sally has a tendency to go off on tangents”, we merely mean that the focus of the conversation, the content of the primary narrative, the point of the lecture being given, etc., the central idea, theme or point of someone’s statement, discussion “talk”, etc. is being waylaid by some divergent, often irrelevant side-show.

It is like a movie badly edited — you know, those scenes which often are “extras” which were taken out because of time-constraints or creative doubt as to their relevance to the story.  Or, sometimes people go off on tangents for a reason — deliberately and with intent — as when you want to divert the focus of the narrative away from the main point, precisely because the main point is not a very strong one to begin with.

In a Federal Disability Retirement case, this can happen on both sides — from OPM’s side, going off on a tangent can mean that they do not want to focus upon the medical reports and records, but instead want to deny you based upon tangential issues of performance ratings, conducts issues, accommodation offers, etc., as opposed to focusing upon the main point of a Federal Disability Retirement application: Your medical conditions.  Or, from the perspective of the applicant — the Federal or Postal employee filing for Federal Disability Retirement benefits — of irrelevant background, or on issues which may actually weaken and harm a case.

Contact an OPM Lawyer who specializes in Federal Disability Retirement Law and make sure that you remain focused on the centrality of the multi-faceted issues presented in a Federal Disability Retirement case, and not on irrelevant issues by going off on a tangent.

Sincerely,

Robert R. McGill
Lawyer specializing exclusively on Federal Disability Retirement Law

 

FERS Medical Retirement from OPM: The Hand We are Dealt

No one is ever satisfied with the hand we are dealt.  Every now and again, of course, an exception is declared: The Lottery Winner; the sudden “star”; an unexpected turn of events; a once-in-a-lifetime coalescence of positive circumstances, etc.  But in the whole, we are not satisfied with the “hand” we are dealt.

Of course, the metaphorical reference has to do with cards — poker, black jack, other games of card usage.  Or, in living our lives, the reference can be made to the circumstances in which we find ourselves — a contentious marriage; a seemingly hopeless situation; a medical condition; a job we can no longer perform.

In the end, the hand we are dealt can only change by the manner in which we respond.  Do you hold the cards we are dealt?  Do we put them down and walk away?  Do we exchange some for others?

It is the choices we make with the hand we are dealt, which makes all of the difference.

For Federal employees and U.S. Postal workers who have a medical condition which impacts one’s ability and capacity to continue in one’s career, you have the option of filing for Federal or Postal Disability Retirement benefits.

Contact an experienced FERS Disability Lawyer who specializes in Federal Disability Retirement Law — and consider whether or not the hand you are dealt can become a winning hand.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Medical Retirement: The Difference

Perhaps it is large and expansive; or, of such a thin, frail line that one can barely notice it; in either case, it is that difference — large or small, wide or thin, statistically insignificant or clearly discernible — that makes the difference.

How important is it to you?  What are you willing to invest in the difference in order to make the difference a difference of relevance?  What level and extent of a difference will make it significant enough that the difference will be the difference between success or failure?

For Federal employees and U.S. Postal workers who suffer from a medical condition which prompts the necessity for filing an effective FERS Medical Retirement application with the U.S. Office of Personnel Management, it is important to have that “advantage” and “edge” in increasing the chances of a successful application.  The difference will likely be the lawyer you choose.

Contact a Federal Disability Retirement Lawyer who has made a difference in the lives of countless thousands of Federal employees and Postal workers, and enhance your chances of a successful outcome by preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Unintended Error

Perhaps it is an unnecessary assumption; for, are any errors intended?  And, if intended, does it not undermine the very concept of being an “error”?  Do we ever deliberately make an error?  Or, is it more likely the case that — if we in fact did intend to make the error — we would merely retrospectively lie about it?

Perhaps in circumstances where much is at stake, or a person is threatened — as in gambling, where “throwing” a game will result in greater profit, or making an accounting “error” will limit financial devastation, etc.  Otherwise, in most instances, an error is presumed to be unintended.  And it is precisely because it is unintended that an error becomes exaggerated in its unintended consequences.  “We didn’t know”; “If only I had known”; “How could I have known?”; “I didn’t mean to…”, etc.

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, preparing a Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management in as error-free state of formulation is obviously the preferred state of submission.

Errors can — and will — come back to haunt you, whether unintended or not.  Consult with a Federal Disability Retirement Lawyer and limit the extent and consequences of errors unintended.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

 

Medical Retirement for Federal Employees: The Audience

We shall see.  Sports without an audience.  There have been enough psychological studies done to establish that people — including groups of people (i.e., teams) — act and react differently in comparative analysis between behaving before crowds as opposed to without them.  The greatest performers have been those who “know” their audience.  In other words, the “crowd pleasers”, the ones who can manipulate the emotional responses of the audience, etc.

Do some play for the 6 o’clock highlights?  Does a spectacular play become so when no one is watching?  Yes, yes, there is the television audience; but the fans once removed is like the tree that falls in the forest without anyone witnessing it; the tree does indeed fall, but the silence that surrounds is what dominates.  We shall see.

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, remember who our audience is: It is not your Agency; it is not your Supervisor or your coworkers; it is a separate agency altogether — the U.S. Office of Personnel Management.

It is a paper presentation to OPM, and how it is characterized, what is presented, the extent and quality of the presentation — these all matter.  For, in the end, the “To Whom” is always crucial in every arena of play — whether in sports, in law, or even in the privacy of one’s home; it is the audience that makes the difference.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Saying Something

The phrase can mean many things, depending upon the context within which it is being used.  Perhaps a person inadvertently says something profound or useful; someone else, within earshot, might comment that what that person said “is saying something” — meaning thereby that something unique and substantive had been expressed.  Or, perhaps there is a heartfelt exchange between two young people, and a silence suddenly looms over the conversation; perhaps it is an embarrassing moment, or a critical juncture in the conversation where something needs to be said — a commitment, perhaps, or an assurance, and one of them says to the other emphatically, “Say something!

It is, in the end, the “something” which is the operative word in the phrase, is it not?  The “saying” of it matters, but it is the “something” which makes or breaks the saying of it.  It often parallels the other phrase — “Do something” — where, similarly, the “something” matters greatly, but it is the “doing” of that something that people entreat each other about.

For Federal employees and U.S. Postal Service workers who are beset with a medical condition that requires the proper preparation, formulation and filing of an effective Federal Disability Retirement application under FERS, always remember that “how” something is “said” — as in a medical report or in the Applicant’s Statement of Disability (SF 3112A) is just as important as the “doing” of it — i.e., of filing the Federal Disability Retirement application.  The “something” that is said on SF 3112A must be substantive, concise and clear, and not just a bunch of “nothings” that may disappoint someone in a lover’s quarrel.

Consult with an attorney who specializes in Federal Disability Retirement Law in order to make sure that the “something” that is being said will make a difference.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

 

Early Medical Retirement for FERS Employees: Envy

It is tantamount to jealousy; perhaps its neighbor, cousin, sister or husband; and both reside in the shadows of unuttered emotions, festering by maintaining an outward appearance of calm and implacable smiles while all the while eating away beneath the surface.  It can be applied as either a noun or a verb; but in either grammatical form, it retains the character of an ugly relational cauldron of discontent.

Perhaps it is directed towards possessions; or of someone else’s good luck, greater popularity or ease of living.  The questions which sprout from envy are many and varied: Why me and not the other person?  Why does X have it better than I do?  Why does everyone think that Y is so much better?

We are rarely satisfied with our lot in life, and this crazy universe promotes envy, jealousy, comparisons and disunity, for it is all about the “I” and the “Me” — it is not a community of shared interests, but the closest we know of Rousseau’s “State of Nature” where each is on his or her own and the battle is to destroy one another.

For Federal employees and U.S. Postal workers who suffer from a medical condition where that medical condition impacts your ability and capacity to perform all of the essential elements of your job,”envy” is often not towards someone else, but of a previous life, the prior person and the former self — for that time when health was taken for granted and the capacity to do everyday, “normal” things was never given a second thought.

Such envy is not the same as the envy felt towards others; for, it is neither ugly nor unutterable, but a natural yearning for something which once was and perhaps still could be.

Filing for Federal Disability Retirement benefits under FERS may not be the solution to solving that special sense of envy, but it at least allows for a foundational annuity such that you can focus your attention back to your health and begin the road towards regaining that sense of self where envy is not of what you once were, but of what you can still become.

Sincerely,

Robert R. McGill, Esquire

 

FERS Employee Disability Retirement Benefits: Meaning

It is the centrality of being, the core of life and the essence of who we are, what we do and why we endure the hardships of daily living.  Without it, the soul drags, the body wanes, the mind begins to wander.  With it, there is the deliberative step, the bounce in one’s actions, the energy within and the purposeful glint in one’s eyes.

Meaning” is what drives; its lack, like a balloon which has been punctured and is allowed to sputter aimlessly through the air.  Whether philosophy can solve the conundrum that is questioned; or that faith can endure a lifetime of disappointments; and of what it is “made up of” — whether in answering the most profound of questions, or merely enjoying the company of friends and family — we may never know.

Is there a “formula” to having it?  Can there be meaning in one’s life without close family or friends?  Is there a singular definition of what “meaning” means, or is it different for each individual?  Is it something to “find” or discover, or is it something that we are either born with, or not?

Work is certainly a part of it; for, as so much time is spent in working, one must be able to derive some meaning from a vocation —otherwise, we would end up admitting that a greater portion of our lives is spent in meaningless endeavors.

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 job, it often means [sic] that there is a loss of “meaning” in the job that one has because of the struggles one must endure in balancing family, personal obligations and work requirements.

Federal Disability Retirement may not be the answer to the loss of meaning; it does, however, allow for the Federal or Postal worker to secure a base annuity in order to make plans for the future.  And planning for the future is, at a minimum, a good start in finding that pathway for greater meaning in one’s life.

Sincerely,

Robert R. McGill, Esquire