Tag Archives: secop doctor opinion from owcp: should I use it for federal employee disability retirement with the opm if workers comp is denied?

Federal Disability Retirement: Annoyance or Irritant

They are both nouns, but the difference is one of perspective — of the view or angle from which it is felt, experienced, encountered or received.

To that end, it encapsulates the dichotomy between subjective and objective; for, the former normally refers to one’s subjective experience, the state of being or the sensation the “subject” experiences; while the latter refers to a substance — an “object” out there in the world outside of our internal, subjective sensations — which causes discomfort or a phenomena of displeasure.

An irritant may cause an annoyance, and an annoyance can be an irritant, and it is the classic distinction between the “inside” as opposed to the “outside” experience.  We can refer to certain chemicals, cleaning fluids and the like as irritants, but we normally do not declare that they constitute an annoyance; although, the linguistic lines are not so strict as to prevent a person from saying, for example, “That woman’s perfume is somewhat of an annoyance”.

On the other hand, one might refer to someone’s constant manner of clearing his or her throat in mid-sentence as an “annoyance”, but because it does not directly impact one’s own physical well-being, such a quirk is likely not referred to as an “irritant”, although one may use the adjective form of the word and confide that the person’s manner is “irritating”.

In the end, the two words are somewhat similar in meaning but reveal their differences from the aspect of perspective — of whom, or from where.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition prevents the Federal or Postal worker from performing one or more of the basic elements of one’s Federal or Postal job, it is important to understand and appreciate the distinction which the U.S. Office of Personnel Management often makes between “objective” evidence and “subjective” evidence.

OPM will often twist and misapply the law, and make you think that certain medical evidence deemed “subjective” are like second-class citizens and less than credible, and will insist that only “objective” evidence is acceptable.  Don’t let OPM fool you.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and let not the ignorance of the law defeat your quest to obtain an approval from the U.S. Office of Personnel Management, and don’t let the word-games irritate or annoy you.

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.

 

OPM Medical Retirement: The Cousin: The Stifled Yawn

The more you try, the harder it is to keep it concealed.  You may not even be tired.  You may have had a good night’s sleep; but “the yawn” is interpreted in one of two ways: Either you are tired, or you are bored.

And in the situation you are in, either interpretation would not be acceptable.

And so you attempt to stifle it; sit up straighter; widen your eyes; take a deep breath; act as if you are stretching your neck, first to the left, then to the right.  But the more you try and stifle the yawn, the greater the hardship and it is as if there is an involuntary force emanating from within.

Life itself is like that.  You struggle, you try, you do everything to “stifle” the problem; but instead of going away, “it” keeps looming larger.  Medical issues tend to work that way; for, whether you actively go and get treatment for the health condition, the chronic and progressive nature of the medical condition seems to loom larger.

For Federal Gov. 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 basic elements of one’s Federal or Postal Service job, the vicious cycle of the “catch-22” keeps coming back: the more you attempt to work, the greater the stress upon your medical condition and the exacerbating side effects.

When you have come to a critical juncture in your chronic medical condition where it becomes like the stifled yawn which will not be suppressed or repressed, contact an disability lawyer who specializes in OPM Disability Retirement Law, and let not the stifled yawn turn into a sudden crisis where life’s dominance of difficulties begins to loom to large.

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.

 

FERS Disability Attorney Representation: Confusion

What is it?  Does being uninformed and acting upon wrong information result in the conclusion that one suffers from it?  What if you deliberately ignore facts?  Or, must it involve some notion that in spite of the information available, one cannot either comprehend the available data or there exists some inability to understand the presented information?

Confusion is rampant in modernity, and whether we can define it or understand its origins, the fact remains that there appears to be a proportionality between the greater volume of information made available, and the number of individuals who suffer more and more from this malady designated as “confusion”.

The world has devolved more and more into a technical field of information gluttony; and while we may fool ourselves into believing that our present civilization is the most advanced in the history of the universe, the lack of coherence in thought, rationality and capacity to comprehend the available information gathered is astounding.

Federal Disability Retirement Law, as well, can be confusing and confounding.

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, contact an attorney who specializes in Federal Disability Retirement Law and make sure that confusion is not the basis for which the U.S. Office of Personnel Management denies your Federal Disability Retirement application under FERS.

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 Disability Retirement: Silence of the Unasked Question

If we don’t ask, we will never know.  Are some questions better left unasked?  In life, is it better to keep your head stuck in the sand and living in ignorance than to know what may come one’s way?  Do we say to the child who is constantly curious, “Shush. Better not to know how things work”?

Fear of the unknown is often the basis of silence; and silence of the unasked question is that pause which reverberates within with trembling hesitation, but where holding one’s breath merely extends the agony of the silence and never resolves the fear.

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 duties, silence often becomes the norm; leaving aside the unasked question is the pathway to comfort, except for the fact that medical conditions never go away.

Contact an OPM Federal Disability Retirement Lawyer and break the silence of the unasked question.  It is a free initial consultation, so what have you got to lose — except to break the silence of the unasked question?

Sincerely,

Robert R. McGill, Lawyer

 

Long-Term Disability Federal & Postal Employees: The Discouragement Factor

It is the sense of dispiritedness which paralyzes — of the loss of enthusiasm for something.  It is a palpable loss, one which can be discerned and calibrated, and is as real as the tree which cracks open upon being struck by lightning.  It can happen within a wide spectrum of issues and individuals — to the optimist as well as the cynic, to the perennial happy warrior and the pessimist; no one is spared.

Marriages can be destroyed by it; youthful vigor can be constrained and dampened; the tyranny of depression can be exacerbated by it; in the end, the discouragement factor often plays a greater role in failure than we often give credit for.  It can come by word or tone; by a look or a lecture; and when fragile egos are involved, the quiet face of silence in a storm of enmity may be the sullen face of discord not told.

For Federal employees and U.S. Postal workers who receive a denial from the U.S. Office of Personnel Management for a Federal Disability Retirement application, or for a termination of benefits already previously approved, contact a lawyer who specializes in FERS Disability Retirement Law.

Don’t let the discouragement factor overwhelm you.  OPM’s intention is deliberate: They want you to be discouraged, and to give up the fight.  But fight on you must, and the best strategy is to contact an attorney who specializes in FERS Disability Retirement Law.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Government Employee Disability Retirement: Going Back

The salmon spawning, rabbits returning; other animals come back to the place of birth, the area most familiar, the site of birth’s imprint and early remembrance.  Going back is ingrained; it is done without thought, without reservation, and often without regard to consequences.  The job that we know; the house that we built; the friends we always knew; these bring about a sense of regularity, rhythm, comfort and a returning sense of restfulness; and so going back is as natural as sleeping.

What we don’t take into consideration is that, while we were gone, things may have changed.  This is the anomaly of life: For, we are geared towards expectations of sameness and similarity; that when we leave a room, it will remain the same when we return; when we see a friend again, we expect that he or she hasn’t changed; and when silence prevails, identity never ceases or alters.

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, going back can be a traumatic endeavor.  The essential elements of the position may have remained the same; the people at the Federal Agency or the Postal Facility may still be there; the work requirements are unchanged; but you have changed.  Your medical condition has forced the change.

Going back may not any longer be possible.

In that case, consult with an attorney who specializes in FERS Disability Retirement Law, lest going back results in consequences unthought, like a new pattern of harassment and a move to terminate you.

Sincerely,

Robert R. McGill
OPM Disability Lawyer

 

Federal & Postal Disability Retirement: The Stress Test

It is meant to determine the vulnerability of structural foundations, or to gauge whether, under certain extreme circumstances, it will withstand catastrophic levels of pressure for safety and soundness.  Distress triggers the ultimate test; and whether a breaking point can be established is always a fear — of how low or high, and of what tolerance the test itself will reveal.  Objects, composite elements meant to reinforce; and most of all, people — to the extent that stress can damage, and whether such damage can be repaired.  “Repair”, of course, is a relative term, and whether or not the structural firmness can be attained after any damage has been repaired, to a level of pre-damage status, is always of concern.

Can a psyche once damaged be repaired to a state of original soundness?  Are the vulnerabilities inherent in individuals capable of withstanding the stresses of modernity, and is the “test”applied the same as the reality of daily stresses exposed?  Is there even a “test” that can determine the safety or soundness when it comes to human beings?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, the daily stresses of the medical condition itself, with all of its inherent complications, are overwhelming enough; it is then the “piling on” of everything else — of Agency actions; of the adversarial nature and responses of the Agency; of the potential for denying continuation of LWOP while even under FMLA protection, and the concern for one’s future with an Agency that seems bent on making one’s life harder than it needs to be: These, and many other “stress tests” determine the need to begin the process of preparing, formulating and filing for FERS Disability Retirement benefits.

Consult with an Attorney who specializes in Federal Disability Retirement Law and begin to apply the legal stress test to determine eligibility for Federal Disability Retirement benefits; for, in the end, the only Stress Test for a Federal or Postal employee seeking Federal Disability Retirement benefits worth applying is the one which determines the potentiality for a successful outcome, and seeking the counsel and guidance of a FERS Disability Retirement attorney is the best way to relieve the stresses that surround such an endeavor.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Preparing for the unknown

How does one prepare for the unknown?  If the very basis of preparation is to prepare for something, how can you then engage in that activity if X is an anomaly, a conundrum, a mystery yet to be uncovered and revealed such that the prior stage of preparing for it can be accomplished?  Is there a necessity for the pre-preparation stage?  Does one have to prepare in order to prepare to perform the actual act of engaging the substance of that which must be prepared for?

Certainly, learning about a subject — reading, researching, analyzing and evaluating — prior to performing acts which constitute “preparation” is an important component, but how many people have time to do such things?

Nowadays, if a person is asked whether they can “do X”, we just whip out our Smartphone, Google it and watch a You-Tube video and declare, “Yeah, I can do that.”  Is that what self-appointed lawyers do, these days — winging it by quickly reading some summarization of an article, then head into court and stand before a judge and make motions, argue cases, 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, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management may well become a necessity.

It is the “preparing” part of the entire process which may be the lynchpin of success or failure.  Yes, you can read various articles (including this writer’s many pointers, legal articles and the like), but always understand that each case is unique — as is yours — and legal guidance based upon the individual circumstances of a particular case is very important in preparing for the unknown.

The “unknown” is the Federal Disability Retirement process, the administrative venue and the bureaucratic morass that encompasses the entirety of Federal Disability Retirement Law, and while no lawyer should contend that he or she knows “everything” about a subject, an experienced lawyer can certainly provide for valuable “pre-preparation”, as well as the preparation and the substantive work on formulating and finalizing that which is yet unknown, but ready to be revealed, uncovered, and refined into a Federal Disability Retirement application that stands a good chance of challenging the unknown.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: The gods of modernity

Each era has its false gods — of Greek ones that explained the mysteries underlying the universe; of religions that conquered by the sword; of Philosophers and Kings who ruled with an iron fist; of Freud, Psychoanalysis and other ghosts in the machine; and in modernity, of youth and the cult of the young, and perhaps of the authors of self-help books who have cornered the market on wisdom replaced.

The gods of modernity are different from those of a generation ago; the “I” and the “me” that pervades on Facebook, Twitter and Instagram; of the perfect “me” who takes selfies at every opportunity to reinforce and remind of the hollowness of the gods we make of ourselves; and in the end, the loneliness that one is left with when the screen is shut down and one is left with the reality of facing one’s self in the loneliness of a perception that cannot be faced in the mirror of one’s own reflection.

And of the other gods of reality: Perfection in perception.  But what happens if perception must encounter reality?  That is often the problem with a medical condition — for, medical conditions remind us of the ugliness of the world around: of mortality, vulnerability, and the loss of societal empathy for all things imperfect.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows one to be “perfect” in the workplace, and where the essential elements of one’s job can no longer be met, it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application so that the focus of one’s life can be redirected in order to regain one’s health.

The gods of modernity — of a career, of never-ending competence and productivity in one’s Federal or Postal job — must be replaced with a revaluation of what is truly important in life: Health, sanity, and some semblance of caring.  And while securing a FERS Disability Retirement annuity may not be the answer to all of life’s ills, it will at least secure a future in order to focus upon getting better, and perhaps reorienting one’s focus upon a future that may be different and better.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

 

FERS Disability Retirement Claims: Determined Lives

Can it be viewed in at least two different ways and meanings?  Of a life that involves determination — i.e., in the sense of forcefulness, enduring faith and strength of character?  Or, in another sense, of being already fated, without choices or options to consider?

Thus are determined lives characterized, and bifurcated into two camps of perspectives, although the one is not exclusive of the other by necessity.

Most people experience both sets of experiences, often intersecting with one another depending upon the circumstances faced.  In some set of circumstances, one may have complete control over the direction and purposive intent of one’s life, activities involved and goals to be met — and by sheer determination, one may in fact accomplish and meet those desired ends.

Then, there are times and contexts when one’s life seems to be determined — where the control of one’s future is not within the purview of one’s own desire or effort, but by some distant force of persuasion cannot be easily influenced by one’s own will and determination.  A medical condition is one such instance.  One has no control over the fact of a medical condition, only of its effects and consequences, and even that, much of it is left in the hands of a doctor or specialist.

Loss of control — of living a determined life (second meaning) as opposed to a determined life (first meaning) — is a feeling that no one desires, and for Federal and Postal employees who sense that the loss of control is expanding into other areas of one’s life — as in one’s employment, ability to maintain a working schedule, and the loss of capacity to perform all of the essential elements of one’s Federal or Postal job: it may be time to consider 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.

The distinction may be a subtle one — of living a determined life (second sense) or a determined life (first sense) — but the distinction may make all the difference in the world, depending upon what your next steps are.  Consult with an attorney who specializes in helping Federal employees obtain Federal Disability Retirement benefits in order to avoid the determined life (second sense), and attain a determined life (first sense).

Sincerely,

Robert R. McGill, Esquire