Tag Archives: owcp lawsuits vs. opm disability retirement? realistically which one is better course of action for employee

FERS Disability Retirement from the OPM: The Image of Self

We all hold one.  Some are more aware, and the balance held often reflects a proportionate causation to the healthy attitude presented.  Too much focus, dominating navel-gazing, an unrealistic caricature; too high an opinion; too whatever — of self-esteem, etc., will often lead to self-consciousness which prevents growth, maturity and acquisition of wisdom which should envelop the ego as one becomes an adult.

There is, further, the image of the “outer” self in contradistinction to the “inner”.  Progenitors of Wittgenstein’s philosophy will argue that the “inner” self is mere bosh — of materialism, technology and robotics; that we are merely the composite of synapses and that the proverbial “ghost in the machine” doesn’t exist; we are merely the aggregation of a neural network of cells.  Regardless, we hold an image of the self, whatever that may be.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has come to a critical juncture where you can no longer perform one or more of the essential elements of your Federal or Postal job, your self image is likely suffering, as well.  You are no longer that vibrant, special, talented, “golden boy” or “golden girl” that everyone turns to for leadership and advice. Instead, others see you as that “former” shadow of an existential entity in the present tense.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law and consider moving forward so that you can focus upon getting your health back, as well as regaining the former image of “Self”.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement: Overemphasizing the Wrong Thing

Different issues are important to various people.  We tend to think that if we believe Issue-X is important, then it is — or should be — important to everyone else.  With the shrinking globe resulting from technological connections fostered through social media and other means, people get caught up in shorter and shorter news cycles and attention spans heightened by the newness of the next issue, the most recent fad and the most up-to-date gadget.

In becoming enmeshed in the most recent issue of the day, however, there is always the danger of losing the ability and capacity for objective thinking.  To reach a level of “objectivity”, it becomes necessary to place one’s self outside of the self, and to gauge an issue not based upon one’s perspective, but upon a hypothetical third-person viewpoint.

For Federal employees and U.S. Postal workers who suffer from a medical condition, it is often difficult to view one’s own Federal Disability Retirement application with any sense of objectivity.  Overemphasizing the wrong thing often becomes problematic.  What to include and — more importantly — what to exclude, cannot often be objectively assessed.  Overemphasizing the origin of one’s medical conditions; focusing upon a Supervisor, an incident at work, an alleged “hostile work environment”, etc., may in fact be harmful to your case.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and make sure that you are not overemphasizing the wrong thing — lest the “wrong thing” come back to defeat the very goal you are intending: An approval from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: Failures

When ascribed to a task or a project, it all depends upon how it is characterized.  When identified or closely associated with an individual, we tend to be harsher judges — especially when it involves our own participation.  Perhaps there is a simple, even “objective” definition which encapsulates the concept of failure: Of merely not achieving that which was expected.

If we work with that definition, then the focal point would be upon our own expectations, and perhaps we simply needed to adjust them to a more realistic perspective.  Then again, such an approach would merely be a circular tautology, and there would never be any failures — i.e., every time a failure occurred, we could just say, “Oh, we expected that”, and every time our expectations were not met, we would say, “Oh, we changed our expectations, so it is no longer a failure”.  But clearly, that does not reflect reality, and there are truly times when failure does occur.

In the end, what is important is to recognize that our expectations — both of ourselves and of outcomes in reality — cannot always be met, precisely because there are other intervening factors that may account for the prevention of meeting them.

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 recognize that the intervening factor of the medical condition itself is what prevents you from meeting that expectation of reaching full retirement, and that is why Federal Disability Retirement benefits are there to assert.

It is not a “failure” to file for Federal Disability Retirement benefits; rather, our expectations concerning our own health intervened in the meantime, and we have to adjust to accommodate — not a failure, but of human frailty.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: The Wall

Everyone hits it; whether in writing, in speaking; whether of a career or in a marriage; and whether in a metaphorical sense, or a true feeling that simply cannot be avoided.  Walls are structures that stop, contain, prevent or present an obstacle.  The question is: What do we do about it?  Do we simply stop, turn around and go back to whence we came?  Do we sit at the foot of the wall and merely groan incessantly, hoping that time will crumble the materials of stoppage and somehow it will all just go away?  Or do we attempt to do something — cut a hole through it, climb over it, try and find an alternate route around it?

How we solve problems; what tools we bring to the fore; the manner in which we attempt to tackle life’s conundrums; these are the mark of a successful approach to each and every wall built as an obstacle to the pathways that are presented to us in life.

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 walls are many: First, there is the wall of the medical condition itself; then, there is often the wall of the Federal Agency or the Postal Service who cares not about the medical condition, but only that the work is accomplished and completed.  Then, there is the “wall” of the U.S. Office of Personnel Management — the very agency which will decide the Federal or Postal employee’s Federal Disability Retirement application.

Consult with an OPM Disability attorney who specializes in Federal Disability Retirement Law, lest the wall of denial that is potentially looming prevents you from moving beyond your medical condition and your inability to perform you job duties.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Fight

Not everyone relishes one.  Yet, the challenge comes about often when we do not expect it, when our proverbial defenses are down and we cannot muster the energy to properly engage it.  For children on the rough-and-tumble playgrounds, it can be over in a matter of minutes, where a few black eyes, a scrape and a bruise may be the worst of it.  For adults who actually engage in a fist fight, more serious consequences may ensue, and beyond hurt egos and wounded pride, there are laws against assaulting and battering.

But there are many other forms of “fighting”; of neighbors squabbling over overgrown trees which cross fence lines; of public debates and shaming; of aggressive trolls on the Internet.  Time was where once there were unspoken “rules” (like no hitting below the belt; no scratching or kicking, etc.), but with all-out “mixed martial arts” and other forms of unfettered fights, it seems that the art form (if there ever was one) is gone, and the only thing which matters is the outcome.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the “fight” is against the U.S. Office of Personnel Management, and fortunately for those who engage in this fight, there are rules by which all combatants must abide: The Statutes, Rules, Regulations and Case-Laws that circumscribe and dictate how the fight must be implemented and managed.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and find out what the rules are governing Federal Disability Retirement Law before you are in the “thick of it”; for, you do not want to have been taken unawares by a sucker-punch before you know what to expect.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Dam Thumber

We are all that; we just don’t know it, and sometimes when a moment of joy or tidbit of happiness comes along, we forget our duties as the Dam Thumber and actually enjoy our lives.  The Dam Thumber’s job is to do just that — to stop the leaks by putting one’s thumbs into the holes which appear — and, of course, not just the thumbs, but every other finger which may be stretched in order to barricade against the open fissures which occur during the course of a lifetime.

Isn’t that how most of us view life?  Either too busy preventing disasters from occurring, or trying to repair and cover up the cracks and holes which seem to open up just when we are trying to sit down and relax for a moment.  We are far too busy to “smell the roses”, and by the time we actually have a moment to reflectively consider the beauty around us, our bodies begin to fail us and the fear of our own mortality overwhelms.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to impact and prevent the performance of one or more of the essential elements of one’s Federal or Postal job, being a Dam Thumber becomes more of a full-time occupation.

If your quality of life is deteriorating because you don’t have enough thumbs to be an effective Dam Thumber, anymore, consult with an attorney who specializes in Federal Disability Retirement Law, and consider preparing, formulating and filing an effective Federal Disability Retirement application in order to relieve yourself of the primary duties of being a Dam Thumber, and instead to focus upon your health and well-being.

Sincerely,

Robert R. McGill, Esquire