Tag Archives: what medical conditions owcp excepts

OPM Medical Retirement under FERS: A Proper Assessment

Of what?  A problem?  One’s life — where one ascribes to the Socratic view that an unexamined life is not one worth living?  Of one’s current circumstances — however dire at first glance, is likely overstated and over-analyzed.

We often over-state current problems in terms of obstacles unable to be overcome, and fail to assess them within the context of past issues and future unknowns.

How often have we looked back at our past and quipped with wonderment, Boy, did that seem like something we would never be able to get out of — but somehow, we persevered and overcame and arrived relatively unscathed.

As to current problems, we always over exaggerate and state thus:  “This time, it is different. There is no way out.”  We often get embroiled in the weeds of current issues, thinking that no one else has ever become so stuck, with no way to get out.  What about a proper assessment of a case?  How strong is your case; what are the weaknesses?

For Federal employees and U.S. Postal workers who suffer from a serious injury or disability such that this injury or disability no longer allows you to continue in your career of choice in the Federal sector or the Postal Service — it is best to first put all of the potential hazards and roadblocks in front of your path, and see if they can be overcome.

Problems never resolve of themselves — well, actually, they sometimes do.  But in the case of preparing, formulating and filing an effective Federal Disability Retirement application under the FERS system, through the U.S. Office of Personnel Management (OPM), it is best to begin with a proper assessment of your case, then proceed with deliberate consciousness of the strengths and weaknesses which will be faced as the bureaucratic process with OPM begins.

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 under FERS: Routines

We all have them; we rely upon them; and in times of tumult and upheaval, they are what gets us through because we can endure them with thoughtless efficiency.

There are the rare and few who try and avoid them — thinking that such avoidance characterizes a higher level of creativity, imagination, and resistance to monotony; but in the very act of such avoidance and rejection of routines, the chaos itself becomes a routine and represents the repetitiveness which one sets out to replace in the first place.

Routines represent the foundation of normalcy; it is what we rely upon to maintain a Kantian order of stability in a world which is often unreliable and chaotic.  When those routines are systematically interrupted, the balance of proportionality must be assessed in order to determine the significance of such disruption.

Medical conditions tend to do that — of forcing one to rethink the impact upon the routines one relies upon.

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 position, the impact and imbalance perpetrated by the medical condition in disrupting and interfering with one’s routines may be an indication of the need to file for OPM Disability Retirement benefits.

Contact a Federal Disability Lawyer who specializes in FERS Disability Retirement benefits and begin to consider and reassess the importance of the routines you once took for granted.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement Representation: Order & Disorder

Isn’t that what most of us are trying to do for a good deal of time spent?  Not to compare it to such a “Biblical” extent — but like the figure in the very first chapter of the very oldest book some hold as “sacred”: out of chaos, order is created.

Throughout one’s day, from the very awakening of those sleep-encrusted eyes, when the dreams dissipate and the nightmares subside, we wake up and try to create order out of the chaos that surrounds us.  The key to sanity is to keep pace with, or try and “get ahead”, if possible, of the impending disorder around us.  Thus can insanity be redefined as: We “lose” it when the disorder around us becomes exponentially quantified beyond one’s capacity to maintain the level of order required.

Think about it: the bombardment of stress that continues to envelope us; of a time not too long ago when “correspondence” was a written letter sent by one individual to another that took 2 – 3 days by first class mail to arrive after the postage stamp was licked and carefully placed, now replaced by a quick email and a button-push with a singular finger, multiplied by hundreds, if not thousands, and in a blink of an eye one’s “Inbox” is filled with requests, tirades, FYIs and spam beyond the measures order needed.

Isn’t that what “bringing up children” is also all about — of creating order out of disorder?  Without discipline, guidance, schooling and a bit of luck, we would all become maladapted individuals running about in diapers devoid of the learned proclivities of polite society, and be left with the allegation that one is “eccentric” or, worse, an “oddball”.

Medical conditions, too, have a way of overwhelming a person with a sense of “disorder”, in that it forces a person to do things outside of the ordinary repetition of an ordered life.  That is why it is so difficult to “deal with” a medical condition, even if it is not your own.  It interrupts one’s goals, plans, and the perspective of order that is so important to one’s sanity.

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, preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often necessary just in order to attain that lost sense of order that has become created by the disorder of one’s medical condition.

Medical conditions make the universe formless and void; and it is the regaining of a sense of stability — of molding some sort of order out of the disorder — by obtaining some semblance of financial security through an OPM Disability Retirement, that the devil of disorder can be overcome with the gods of order in a genesis of new beginnings.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Plan of Attack

Every battle requires a “plan of attack”, and preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is no less an “adversarial” process than a lawsuit filed with the local county court.

One may embellish and deny by describing the process as “nothing more” than an “administrative” procedure, where the deciding agency is merely reviewing the components for “eligibility requirements” and conformance to entitlement regulations, but one needs only to be denied a OPM Disability Retirement application to realize that it is a legal process just like any other.

That is why, when a Federal or Postal employee’s Federal Disability Retirement application is denied at the First Level of the process, the usual response is tantamount to that of an opponent who lacked a plan of attack and quickly disburses in a retreat of panic.

Denials should be expected, and not necessarily because of a lack on the part of the Federal or Postal applicant, but because the “enemy” will counterattack and “win” some “battles”.  The army which never considers a setback is one which advances with such arrogance that the hubris of pride defeats without the enemy ever needing to lift a finger.

For those Federal employees and U.S. Postal workers who filed for OPM Disability Retirement benefits, and who thought that his or her Federal Disability Retirement application was an unconquerable force of inevitability, the good news is that there is another day yet to come for a new battle, and even another beyond that, where a singular defeat means merely a chance to regroup for another day’s skirmish in order to win the ultimate prize:  the war itself.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Carpet Bombing

It is an approach meant to saturate an identified area of enemy territory especially recognized as any and all potentialities related to the central target.  The antonym of such an approach is one of targeted precision, such as drone strikes represented by guided missiles upon a specific individual or area of identified combatants.

In either case, collateral damage can be expected; the difference is that in the former methodology, the invading forces remain unconcerned and unperturbed, as it is fully expected; in the latter, the term “precision” has its narrow focus, but with the real-world recognition that general public consumption likes to think that when a targeted focus is declared dead, the rubble of destruction didn’t extend to the entire block surrounding the individual’s living area, when in fact it did and almost always does.  The concepts thus have differing distinctions; in linguistic and semantical disputes, the issue often has to do with the methodological approach of effectiveness.

For Federal employees and U.S. Postal workers who are considering 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, the former approach of “carpet bombing” is often the preferred choice, as opposed to the latter perspective of “precision bombing”.  That is exactly why Federal employees and U.S. Postal workers who prepare an OPM Disability Retirement application often attach a massive volume and compendium of medical reports and records, hoping to “hit the target” just by sheer coverage of length and width of evidence.

But the old proverb referring to the depth of a body of water, as opposed to the appearance of naked body surface, remains applicable and instructive.  And while the skin may be the largest organ of the human body, covering some 22 square feet in space, the loss of a great portion of it still allows for survival, whereas the heart of a man must remain generally intact, lest the flow of the essence of life becomes restricted or cease altogether.

Precision in every approach and methodological conveyance is almost always the preferred mode; and while systematic formulations in an OPM Disability Retirement case may involve greater input, expansive time and attention in properly preparing the effective Federal Disability Retirement case, the preparation spent in fine-tuning every Federal Disability Retirement application and its compendium of attachments will result in limited collateral damage, with the consequence of allowing others to survive another day despite living within the vicinity of the targeted point of attack.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Avoidance and Delay

Human beings have an uncanny capacity for avoidance.  In the greater genus of the universe we identify as the “Animal Kingdom”, where survival of the fittest determines the genetic viability of the evolutionary scales of neutral justice, avoidance means potential death, and delay constitutes a certainty for an untimely demise.  For, as thought and reflection is the pause between an event and a necessary response, so avoidance and delay is that interlude between necessity and regret.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties as a Federal Employee or a U.S. Postal Worker, the avoidance of the inevitable, and the delay for the obvious, often becomes an intransigent approach to life’s misgivings.

The act of 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 thought of as a step of finality — an admission to one’s self that the battle has been lost, the war’s outcome has been determined, and the cards dealt must now be played, with nothing left to trade in or replace.  That is the “short view”, as colored by the perspective of avoidance and delay.  The “long view” is that there is actually life after Federal Service, and potentiality for growth beyond the U.S. Postal Service.

We become entrenched in the habits of our own making, and while filing for Federal Disability Retirement benefits through OPM may seem like a step of finality, it is actually just a step in a different direction, where one can open up new avenues for a second vocation, while at the same time securing a financial future for stability and further growth.

Avoidance and delay — they are the price one may pay for the limitations imposed by our own lack of imagination, but the greater canvas of life opens up the power and creativity hidden within the deep recesses of a childhood potentiality we once held on to, but somehow let go in this journey we call “life”, which often puts us down and tramples upon the flights of a child’s wide-eyed vision of the greater universe.

Sincerely,

Robert R. McGill, Esquire