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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
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OPM Disability Retirement: The Soul of a Case

Posted on May 6, 2015 by Federal Disability Retirement Attorney

If you ascribe something to everything, then nothingness results.  For, to declare that all of X is contained in Y is to delete X into irrelevancy, and leave Y with nothing but X, thereby subsuming everything with nothing.  Thus, when we argue for a form of pantheism, the language of “all” tends to diminish the uniqueness of singularity, and the meanings of distinction and difference.  Fortunately, however, separate identities naturally manifest for specific entities where the exceptional outshines the mundane.

For human beings, the exceptional occurs daily precisely because there exist no mundane souls, only ones whose lives have developed a callousness to tragedy so thick that empathy has been extinguished for the price of a forgotten soul.  Thus do we have the proverbial “faceless bureaucrat” who merely stamps all incoming papers with repetitive monotony, and fails to view the content and substantive humanity beneath the surface of the linguistic mirage of daily deluge.

For Federal employees and U.S. Postal workers formulating one’s Federal Disability Retirement application, that is the door one is attempting to unlock, isn’t it?  Every case has a unique “soul” to it; but from the viewpoint of a bureaucracy, such an argument only extinguishes the singularity of one’s own extraordinary circumstances into all others, and by doing so, that “something” becomes mere nothingness.

The key to cut through to the soul of the administrative process is by revealing the separateness of a Federal Disability Retirement case with the individuality of “this” case, in “this” instance, for “this” reason.

That is a tall order to fulfill.

For, as each Federal Disability Retirement application has a human story to tell, so the paper presentation to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, must provide a narrative with a soul, and one which is not merely one among many, but unique in its singularity of particular facts and circumstances.  In other words, the “soul” of the case must be delineated with a soulful echo of humanity.

Sincerely,

Robert R. McGill, Esquire

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OPM Disability Benefits for Federal and Postal Workers: Clarity of Purpose

Posted on February 23, 2015 by Federal Disability Retirement Attorney

Most of life’s events are characterized by coincidental stumbling; of chance meetings, of happening upon something that one is good at; or of taking on a job thinking that a couple of years of steady employment will allow for time while one tries to “find your direction”, as if compasses determined by magnetic fields will reveal the mysterious paths of life’s unsympathetic gaze.  It is rare that one begins with a purposive mind, commits to it, shows a continuum of unwavering direction, and declares at the end that there was never a doubt throughout.

Such can be, of course, for specified projects, or in making a late-stage career move; there, clarity of purpose is required. Traumas, major life-changing events, and sudden dawning of revelatory consciousness; these are the ingredients of an awakening from slumber.  It is tantamount to the famous quip attributed to Admiral Yamamoto after the attack upon Pearl Harbor, that the event served to “awaken a sleeping giant”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition requires more than temporary measures of palliative effect, consideration in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often referred to as an “awakening event”, and one which is compelled by a clarity of purpose.

That clarity of purpose, however, must not only be in the determination of preparing, formulating and filing for Federal OPM Disability Retirement benefits, but should by necessity be conveyed to OPM in both purposive effect and clarity of persuasion. Filing for Federal Disability Retirement benefits is not just a matter of gathering some medical documentation and submitting them; nor is it sufficient to sign a release with the doctor’s office to forward such information to “see if” one qualifies.

No, it is an affirmative action where chance should be made into a limited luxury, and the odds should favor an approval.  For, in the end, clarity is not one of those occurrences which arises through chance, and purpose by definition is not revealed through happenstance; and while “e-harmony” may entice some with claims of scientific algorithms touting success rates defying the statistical dismay of current divorce rates, it is clarity of purpose which will determine the successful outcome in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

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  • 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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