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.

 

Postal & Federal Employees with Disabilities: Getting Started

Your eyes are closed but you are awake; the problem is getting started.  You sit and do all sorts of other work, but not the one which has a hard deadline or is the most important one; the problem is getting started.  There are multiple projects which have been left undone, or have not even seen the fruits of beginning labor; the problem is getting started.  You get the idea; no, you are not alone in the problem of getting started.

If procrastination is the locked door and motivation is the supposed key, the problem still remains when the chasm between vision and action remains untethered.

Medical conditions conspire to vanquish all of the logical arguments we make in our own heads: It’ll get better; maybe the Agency won’t notice that things aren’t getting done; people will understand; coworker’s know I have a medical condition, so I’m sure they’ll be empathetic; and on and on, we allow for the medical condition and the lack of getting started to somehow be left on the roadside as so much human detritus as litters the mind with scattered thoughts.  But we know it cannot go on forever.

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 Federal or Postal job, it is too often that point — of “getting started” — which prevents and delays what has already become necessary.

Call a Federal Medical Retirement Lawyer and start the OPM Disability Retirement process of getting started by allowing the Federal Employee Disability Retirement Attorney to get started for you.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Systematic Preparation

Can a project be well-prepared if there is no “system” in place?  Do we trust, for example, a construction firm who goes about their business without a blueprint?  If you ask of the firm, “Well, can we see some examples?” or “Can you provide a rendition of what kind of a house you plan on building?” — what would you think if the answer came back with: “Oh, don’t worry, it will have a roof, a couple of bedrooms and a kitchen.” Is that a satisfactory answer? Or, would you want to see that a firm foundation is first built, and that a systematic methodology of preparing, then initiating the building project will proceed in accordance with a previously agreed-upon blueprint of the archetype of the product proposed?

To that end, shouldn’t you be able to speak to the lead architect, at some point, and not merely be sloughed off to salesmen, administrative support staff and other office workers who may be very helpful, but are not the ones who will “head” the project?

Similarly, if you call a law firm, shouldn’t you be speaking with the lawyer him/herself, instead of a secretary, paralegal or some other “disability specialist” whom you believe you are hiring, but you never seem to get a hold of?

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 it/they prevent the Federal or Postal employee from performing one or more the essential elements of one’s Federal or Postal job, the necessity in filing for Federal Disability Retirement benefits is often an option which is unavoidable.  That being said, do you want to proceed down the administratively complex process of Federal Disability Retirement without a systematized methodology of preparation?

Consulting with an attorney who specializes in obtaining Federal Disability Retirement benefits from the U.S. Office of Personnel Management is a good first step in gaining a blueprint on how to proceed; just be careful that you don’t hire a law firm that merely has all of its “underlings” do the important work of the systematic preparation, and moreover, it is important to inquire as to what kind of approach the attorney has in moving forward to win a Federal Disability Retirement benefit, for you.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: The problem perspective

Does “positive thinking” actually work?  Or, is it one of those pithy approaches to life, where the “throwaway” line is used to dismiss unpleasantries and negative influences that might otherwise disprove the obvious — that life is difficult enough without listening to the difficulties of others?  Then, there is the “problem perspective” — of seeing everything as a problem as opposed to a solution or opportunity, and to see the world as a glass half-empty in contradistinction to a half-full universe.

Objectively, of course, both descriptions reflect the same objective reality; the contention is that “how” we view the world (i.e., our subjective perspective upon the world around us) influences the manner in which we approach the objective world in deliberating, solving, resolving, tackling problems, embracing situations, etc.

The “problem perspective” describes a person who sees everything from the vantage point of a problem.  It is all well and good, of course, to speak about having a “positive” frame of mind when things are going well; it is when actual, objective problems and difficulties arise in one’s life, that the “real test” of whether “positive thinking” works comes into question.

Objectively, of course, one could argue that, whether one possesses a “positive” mindset, a “negative” perspective, or a somewhat neutral approach, the outside world (that “noumenal” universe that Kant referred to) cares not a twit about what we “think” (i.e., the phenomenal universe that Kant distinguished — the one that we actually have access to) about it — for, it still exists whether we have a positive, negative or neutral perspective, anyway.

It is when the objective world impinges upon the subjective perspective with an undeniable negation of the positive — as in, a medical condition that debilitates and makes for a painful existence, whether physically or cognitively — that the test of whether a “positive” outlook works, or whether a “negative” perspective makes a difference, tests our daily lives.

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 approach one takes may indeed make a difference with a real distinction.  Yes, the end of one’s Federal or Postal career may be coming; and, yet, the Federal Agency or the U.S. Postal Service may well move to terminate you based upon your growing inability to perform one or more of the essential elements of your Federal or Postal job.

In the end, such a “problem perspective” is a very real one, and becomes a problem precisely because there is a combination of both the “objective” world (the medical condition itself) and the “subjective” one (what to do about it; the next steps to be taken; the decision to be made, etc.).

Preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not only be the best “next step” to take — it may be the “only” one in the sense that all other options are undesirable: to stay and suffer; to resign and walk away without doing anything; or to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

In the end, all “problem perspectives” need a positive solution, and preparing, formulating and filing an effective Federal Disability Retirement application is the best and positive solution for a Federal or Postal employee needing to resolve the problem perspective where one’s medical condition no longer allows for the fulfillment of all of the essential elements of one’s Federal or Postal position.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Employment: Mansions with many rooms

There is room enough, and the imagery posed by the concept presents the warmth of an open invitation, whether the guest is willing, able or otherwise unprepared for such unconditional hospitality.  Mansions often pose a stoic, cold and unwelcoming façade, and it is always the people who inhabit them and the guests who frequent such expansive and impersonal grounds that make the difference between icy relationships of uncaring attitudes steeped in jealousies engendered and encouraged by competition, envy and mistrust, or the comfort of caring families.

It need not be a steadfast rule that the larger the house, the less amiable the people; or, its corollary, the smaller the abode, the qualitative and proportionate substance involving mirth, laughter and joy.  It is, perhaps, the feeling that geometric expansion and distance between rooms correlates with a certain stoicism that encourages lack of closeness; whereas, if you have to double-up in bunks and share bathrooms, wait upon one another just to get by a narrow passageway, you are forced to tolerate the quixotic eccentricities and foibles of each other, and quick and easy forgiveness is not too far away when you have to live in close quarters where anger, holding grudges and carrying pockets full of resentments simply will not do, as such overloads of unnecessary burdens tend to weigh each other down into a pit of misery that cannot withstand a house full of people.

Once, a local pastor quipped, “Where there are people, there are problems.”  True enough, and one might add:  “And when gathered into close quarters, the ugliness shows through all the more.”  Perhaps it is that the heavenly mansion has many rooms, not because so many people are expected to arrive as permanent residents; rather, because angels and spiritual entities who have crossed the irreversible divide care neither for cramped spaces nor of expansive comfort, but live contentedly wherever they are.

For Federal employees and U.S. Postal workers who work for a Federal agency or a Postal facility, whether under FERS, CSRS or CSRS Offset, the mansion with many rooms is likened to the particular workplace that one spends so much time in.  Then, when you become the subject of gossip, the trigger point of harassment and the butt of whispered jokes because you have taken so much time off, filed for FMLA protection as well as grievances and EEO Complaints to try and ward off the constant adversarial actions directed against you, it may be time to consider a change of residences.

No, this is not to imply that you should consider the “spiritual” world; rather, to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.  For, as with the proverbial mansion with many rooms, it is not the place itself that makes much difference, but the people whom you are surrounded by, and when a medical condition begins to impact your ability to perform the essential elements of the job, it is perhaps time to seek another with many rooms, or a smaller house with friendlier occupants.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Reality of Accommodations

Medical conditions test the value of a worker; for, while people may engage in theoretical discussions of “cost-benefits analysis“, where the cost of X is compared and contrasted to the benefit of Y, such that the hypothetical analysis results in a business decision based upon pure economic need — the reality of such an approach rarely gets a true test beyond such dinner table discussions.  But when a Federal or Postal Worker begins to suffer from a medical condition, such that the medical condition visibly impacts one or more of the essential elements of one’s job, then the economic paradigm of a cost-benefits analysis is applied, whether overtly or in a more subtle, inconspicuous manner.

The agency may recognize the need to allow for temporary suspension of certain positional duties — travel may be taken up by some other employee; heavy lifting may need an additional helper; telecommuting may be a viable option.  The cost of such temporary measures is felt in the work left undone; the benefit is accrued by the experience, wisdom, and knowledge of the disabled retained worker.  In rarer occasions, a formal request for an accommodation may be submitted by the Federal or Postal Worker, and an administrative process of attempting to provide a legally viable accommodation may ensue; but that is a rare process, indeed.

The reality of accommodations in the Federal sector is one of practical need versus the trouble such attempts bring; for the Federal or Postal Worker, whether under FERS or CSRS, the true option left is to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.  Such an option results from an agency being tested — and loyalties revealed.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Medical Retirement: Reassignment Considerations

In considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the issue of possible reassignment will arise — normally as a rather secondary and unimportant facet of the process — as an obligatory agency action.

SF 3112D is a form which the agency must complete.  The form essentially affirms that the agency attempted either of 2 things:  tried to “accommodate” the Federal or Postal employee, or tried to find a suitable “reassignment” to another existing, available position.

As to the latter, case-law has made it clear that in order for an offer of reassignment to preclude the Federal or Postal employee from continuing with one’s Federal Disability Retirement application, such light or limited duty offer must be at the same pay or grade of one’s current position (there are some complicating details connected with the enunciated standard, but for present purposes, this general rule will suffice).

Sometimes, the Agency or the U.S. Postal Service will find a lower-paying position, and offer it, and the employee will gladly accept it because it allows for continued employment.  But one must understand that, if down the road, the Federal or Postal employee finds that he or she is unable to perform one or more of the essential elements of that “lower” position, then it is from that “lower” (and often of lesser responsibilities) position that one will be filing for Federal Disability Retirement.

Just some thoughts to ponder; for, as a general rule, the greater the responsibilities of a position, the lesser the standard of meeting the threshold for a Federal Disability Retirement; and, conversely, the lesser the responsibilities of a position, the higher requirement to prove one’s case in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: OPM over OWCP

I still get many emails and phone calls about the onerous, “over-the-top” behavior, and the bullying tactics of OWCP/DOL temporary total disability payments & requirements — everything from constant, incessant and unending, harassing letters, to requiring further evaluations from second and third opinion doctors (or so-called doctors), to constantly requiring one’s treating doctor to justify the continuing disability status, thereby endangering the continuation of the doctor-patient relationship.  And who can criticize or blame the doctor for wanting to drop a patient for the amount of hours he/she has to put into, for “non-medical” issues, and for the time expended which the doctor will never be paid for? 

Yes, Worker’s Comp pays more.  Yes, it is non-taxable.  Yes, there are monetary reasons for staying on OWCP.  But the truth is, money doesn’t buy peace of mind or a life of lesser stress.  OWCP is meant to be a temporary means of providing income — it is not designed for the long term, and indeed, the Office of Worker’s Compensation makes that abundantly clear by their actions.  OPM Disability retirement under FERS or CSRS pays much less, but it allows for independence and a semblence of freedom, not even to mention a life of some dignity.

Sincerely,

Robert R. McGill, Esquire