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Postal & Federal Employee Medical Retirement: When coincidence ignores sensitivity

Posted on February 20, 2016 by OPM Disability Retirement Lawyer

What if a ‘special day‘ falls upon an unfortunate date? What if one’s birthday, for example, happens to be on 9/11, or on Christmas eve, Valentine’s day, etc?  Or, for those who strictly proscribe the Sabbath Day, what happens if one’s birthday happens to fall coincidentally upon the concurrent segment of solemnity?  Does one set aside the significance of the unfortunate date, and celebrate that special day as if the former is an irrelevancy, trumped by the latter?

Is that what others tend to do, but somehow — when properly reminded — suddenly awaken from the stupor of perversity, shake off the sober face of grimaces and furrowed brows, and begin celebrations in earnest with painted faces and balloons of joy?  Can we turn it on and off like a button switch, reminded of smiles with saddened eyes and inverted to frowns with the window’s soul full of happiness?  Certainly, some presidents (unnamed, of course) have been able to do that; but for the ordinary actor upon the stage of life, are we able to perform with such aplomb?

Of course, people with medical conditions experience that encounter often, and no more so than Federal employees and U.S. Postal workers who suffer from a medical condition which prevents them from performing the essential elements of one’s positional duties with the Federal agency and the U.S. Postal Service.

For Federal and Postal employees who suffer from a medical condition, each day where the Federal or Postal employee can come into work and be productive is a ‘special day’; but because of the reputation which has already grown, and the whispers and gossip which have been imparted like a trailing cloud of dust surrounding Pig-Pen in the Peanuts comic strip, the furrowed brows and grim faces of solemnity abound, still making it into an unfortunate event.

Full well does the Federal employee and the U.S. Postal worker know, of that which we speak; where every special day is still an unfortunate event, and the coincidence of being pain-free or otherwise without debilitating symptoms of the medical condition can somehow be ignored with lack of sensitivity by everyone around.

But, then, this is a daily and common occurrence for the Federal and Postal employee who must endure the sufferings of both the medical condition itself as well as the constant harassment from the Federal Agency and the the U.S. Postal Service; and that is why filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, becomes an important event — one which could potentially turn that unfortunate condition into an otherwise special day, once the OPM Disability Retirement application is approved and the Federal or Postal worker can ‘move on’ where coincidence is no longer ignored by sensitivity.

Sincerely,

Robert R. McGill, Esquire

 

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Federal & USPS Disability Retirement: The Advantage of Persistence

Posted on June 17, 2015 by Federal Disability Retirement Attorney

If there are innate, underlying underpinnings of genetic inlays which provide for greater advantages in the evolutionary progression for those who consider survival of the fittest to be the teleological force behind man’s advancement, then the character trait of persistence must be one such data entry.  It is certainly a personality pre-condition for the meanest, most hostile and unrelenting individuals and organizations across the spectrum.  Like the wild dog with the unbreakable jawbone, persistence is that trait where relenting is not an option, and where right or wrong is not the standard which guides or otherwise influences the decision-making process of an individual who embraces a course of action.

For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to recognize and identify one’s friends, enemies, and those stuck somewhere in the middle, whether because of indifference or apathy; as well as the worth of avenues to pursue, those best left to abandonment, and what reactionary efforts should be engaged.

Federal Disability Retirement itself is a long, arduous administrative process which will require insistence, persistence and an intractable quantity of good, old fashioned stubbornness.  The identified adversary, the U.S. Office of Personnel Management, as well as one’s own Federal agency and the U.S. Postal Service, are entities known for persistence already.  The Federal and Postal employee who takes on the Goliath of the Federal system, must be prepared to endure the persistence of the opponent.  This, despite the disadvantage of suffering from a medical condition, which is and continues to be the primary underlying basis of one’s Federal Disability Retirement claim, to begin with.

Federal Disability Retirement is a benefit which allows for one’s future to be secured, and it is certainly worth “waging the good fight“. Recognition of what one must encounter; the greater advantages of the “opponent” in the fight; and the unrelenting nature of the bureaucracy; these are all elements which should be recognized at the outset, and to acknowledge that in preparing, formulating and filing for Disability Retirement benefits through OPM, there is always an evolutionary and genetic advantage in embracing the character trait of persistence.

Sincerely,

Robert R. McGill, Esquire

 

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Postal & Federal Medical Retirement: To Shelve a Book

Posted on December 20, 2014 by Federal Disability Retirement Attorney

Even with one penny, this book would be overpriced. When your health and well-being are at stake, it’s time to write a new chapter of your life with Federal and Postal Disability Retirement

It is an act of finality; a sense of resignation pervades when a book which one treasured is placed on a shelf.  One may deceive oneself that it can always be retrieved at some future, unknown and unspecified date, but in a world where the bombardment of newness and the constancy of moving on to the “next” thing dominates, the chances are that the act of shelving will constitute the gathering of dust in corners where forgotten memories will atrophy with cobwebs of deliberative disregard.

The alternative is to keep a stack of books and allow the unsteady tower of irregular and awkward dimensions teeter on the brink of collapse; but even there, as others pile onto the freshness of that distant reading, crushing out the life of passages memorized in moments of distracted concentration, it is the act of shelving which marks a critical juncture of terminal finality.  As with things in the mind, so in the physical world, we must force ourselves to take that step, despite the knowing frailty of life in compartmentalized forms.

Filing for Federal & Postal Disability Retirement benefits has that similitude of sense to it; to initiate the process is to acknowledge the necessity of leaving behind an image, a career, a routine, a life that once was, is forever changing, and ever losing its comfort of static monotony.  For Federal employees who must file for Federal & Postal Medical Retirement benefits, whether the Federal worker is under FERS, CSRS or CSRS Offset, the act itself of initiating the administrative process is to shelve a meaningful career full of accomplishments, accolades and activities of astronomical admiration; but there comes a moment when time, space and necessity coalesce to compel, and medical conditions tend to do that.

And like the book which is shelved upon reaching the last chapter of resonance, the feeling of a whispering breeze blowing lazily across the meadows of a past life reverberate, as the quiet sound of an exiting murmur echoes in the hollows of necessity; yes, life requires the shelving of books and other things, as does life itself.

Sincerely,

Robert R. McGill, Esquire

 

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Disability Retirement from the USPS and other Federal Government Agencies: Belonging

Posted on December 15, 2014 by Federal Disability Retirement Attorney

There are no more causes by which people live, and those who do, do so within an artifice of self-justifying chameleons of linguistic gibberish. Once upon a time, grand philosophical systems were propounded; from the historical backdrop of Plato’s Republic, to the teleological schemata of Aristotle’s Metaphysics; to Aquinas’ Christian worldview, Kant’s bifurcation of the known and knowable worlds; but with deconstructionism, linguistic playgrounds of modernity, and the debunking of political innocence with the advent of information technology and the dissemination of all things private melded into the public arena, where Facebook constitutes the quantitative assemblage of friends, likes and self-promoted happiness on virtual images of frozen smiles and milk-white teeth; and in the end, what we are left with is a needed sense of belonging.

Belonging represents the last vestige of human instinct on the evolutionary scale of survival; and so men and women strive to hold on to hollow and ghostly caricatures of empty promises. For Federal employees and Postal workers who suffer from a condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, it is often a stark choice presented: to remain with the Federal or Postal job; to resign and walk away with nothing to show for the years of invested time and effort into one’s career, except for a deferred annuity well into old age; or to file for Federal OPM Disability Retirement benefits.

The threat of loneliness and severance of ties to an agency, a mission and a purpose in life, is one which compels the Federal or Postal employee to “hold on” to that which has already been lost, for a period longer than sage advice would allow for, and certainly beyond the point of medical interest for the Federal or Postal employee whose deterioration of health, whether physical, emotional or psychological, continues with unabated progression.

The need to belong is a powerful instinct of evolutionary vestiges; and though we may try to conceal the origins of our being by spending countless hours on the Internet remaking ourselves because causes of yore have proven to be empty vessels of timeless interludes between graveyards filled with unnamed masses of those whom history has forgotten, but for quietude felt on the reddened horizon of memorials and notebooks of ageless spectrums of dusty memories — we seek to belong.

Filing for Federal Disability Retirement through the U.S. Office of Personnel Management is always a hard decision to make. It is difficult because, the act of doing so is a recognition of both a need to step into an unknown future, as well as a severing of ties of the known past. Both sides of the singular act reveal the instinct of timeless necessity: belonging.

Sincerely,

Robert R. McGill, Esquire

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OPM Disability Retirement for Postal Workers & other Federal Civilian Government Employees: The Ronin

Posted on December 13, 2014 by Federal Disability Retirement Attorney

The Bushido Code of Honor and OPM Disability Retirement

The ronin is a masterless samurai; he is one who was released from any obligations from the daimyo, or feudal lord, who retained the samurai for protection and was paid a stipend.  The literal translation of the term is often ascribed as a “wave man”, or one who is let go to travel adrift amidst the turbulence of the ocean waves.

In modern usage, it refers to an individual who is between jobs, but can still imply vagrancy or unstable character.  For the injured/ill Federal and Postal employee, filing for Federal OPM Disability Retirement through one’s agency (if still on the rolls of the Federal agency or otherwise not separated for more than 31 days, as the law stipulates) in intermediate transit to the U.S. Office of Personnel Management, or directly with the U.S. Office of Personnel Management if separated from Federal Service for more than 31 days, the pervasive sense of being like a ronin can be overwhelming.

When once the samurai was retained by a feudal lord of known standing and reputation within a geographical definition, the stature and status of the samurai was unquestioned; it was a bilateral benefit — the samurai walked with the name of the retainer’s aura about him, protecting him from slights and serious confrontations because an attack upon him would be considered as an assault upon the name of the daimyo; and, conversely, the feudal lord benefited from the fear engendered by the presence of the two-sworded protector, the warrior who follo.

With stated purpose and deliberateness, the samurai applied himself to protect and expand the vast holdings of the daimyo.  Like the Federal and Postal employee who has worked these many years for a specific agency or the U.S. Postal Service, whether under FERS, CSRS, or CSRS Offset, the samurai who suddenly loses the favor of his retainer, is set adrift.  The Federal and Postal worker often holds on to the last vestiges of favor, even when the tie and connection have been severed, precisely because to be set adrift amid the waves of life is a scary thought.

But filing for OPM Disability Retirement for the Federal or Postal worker should be considered an opportunity, and not a loss; it allows for the Federal or Postal employee the time to regain one’s health, and then to seek the retainer of choice in the private sector and make a stipend up to 80% of what one’s former position currently pays.

Federal Disability Retirement does not retain the stigma of being masterless; rather, unlike the ronin of old, it does the very opposite, and allows the Federal Government employee or Postal worker to become the master of one’s own destiny.

Sincerely,

Robert R. McGill, Esquire

 

Filed under: Fables, Stories and Analogies about CSRS and FERS Medical Retirement Benefits | Tagged: a better life after an injury in the usps, a different perspective in usps medical retirement law, a fers usps workmans comp, a story of masterless samurais and the federal government employee who can master his or her own destiny with opm medical retirement benefits, accredited usps incapacity lawyer, additional information usps medical pension, advice from an usps medical retirement attorney, annual leave for illness usps, annuity opm disability payments and masterless federal employees, anxiety usps employee, articles on usps medical ret pension, asking for light duty usps, bad fitness duty test usps, being a master of your own destiny after a disability in the federal workplace (on or off duty), benefits for the disabled postal employee, bilateral benefits for the federal & postal employee and the society as a whole, blog on usps medical retirement, can a usps postal employee retire 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OPM Disability Retirement Benefits: Present Perfect Future Tense

Posted on December 10, 2014 by OPM Disability Retirement Lawyer

Acting in the present to secure your future with OPM Disability Retirement

Grammar is something we simply survive; it is rarely a career choice, and even less likely anything but a distant memory of distasteful dissonance. But the ability to convey thoughts and conceptual constructs remains a necessity throughout one’s life; and when a present circumstance calls for it, the capacity to plan for the future, while imperfect in any endeavor, must by dictates of life be embraced, in whatever tense of timeless warp by which we discover ourselves.

Grammar is a process; it is not the substance of that which we speak; rather, it is the vehicle, the procedural mechanism, and the artifice of conceptual constructs through which language is conveyed.  And thus do we faintly remember participles and pronouns, and tenses consistent between subject and object; but it is always and throughout the underlying substantive issues which we are attempting to address.

For Federal employees and Postal workers who find the present tense beset with future imperfection because of a medical condition which impacts one’s ability to perform the essential elements of one’s Federal or Postal position, it is important to be able to think in terms of the present tense, while planning for the perfect future tense.

Perfection does not arrive by accident; it is a goal to achieve based upon present placement of foundational groundwork, imperfectly laid and lacking in coherence in any given slice of time; but it is the process of working towards a betterment for the future, through present toil, that the perfect future tense is achieved.  Present imperfection does not portend of loss of future perfection; and though the perfect future tense may exist only in the warped minds of grammarians, it is the process of attempting to attain that goal which secures the future.

Thus, for Federal and Postal employees who can no longer perform all of the essential elements of one’s positional duties in the Federal government, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, planning for the future in an imperfect present world must include preparing, formulating and filing for OPM Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

That system of annuity, while less than perfect, is a Federal benefit which allows for the injured Federal or Postal Worker, or one who suffers from a medical condition such that the medical condition prevents him or her from performing all of the essential elements of one’s job, to receive an OPM disability annuity in order to secure one’s future, and to attain a level of rehabilitative existence in order to consider a second vocation for the future.

One’s present circumstances may never be a pinnacle of perfection; but it is the future tense of one’s present conceptual framework which you must always work towards; and while the present perfect future tense may exist only in the ephemeral universe of distant grammatical forms, the reality of the world should always motivate us to work towards the consonance between the present circumstances, and the future tense of who we are.

Sincerely,

Robert R. McGill, Esquire

 

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« Previous Page
  • 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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