Tag Archives: working after medically retiring from a federal job is all possible

Postal & Federal Employee Disability Retirement from the OPM: Fighting for Your Rights

Everything of value is worth fighting for.  Further, just because you win a battle, it does not mean that the “war” has been victorious.  Of course, the language of “war”, “battle”, “fight”, etc., is often overused and can be misinterpreted, and perhaps over-hyped: games are games; a football game is not truly a war; an administrative process of “fighting” for disability retirement benefits is not strictly a “battle”, but merely a legal process of obtaining a benefit.

When we utilize and apply words in context-specific circumstances, we tend to misinterpret the true nature of the process.

In Federal Disability Retirement Law, however, the metaphors used are, indeed, appropriate — “fighting” for your rights is the applicable wording, and being prepared to “battle” with OPM is also appropriate.  Federal Disability Retirement benefits are worth fighting for; it is of great value; and, once won, you must continue to maintain vigilance in retaining your benefits.

Contact a Federal Disability Lawyer who specializes in OPM Disability Retirement Law and make sure that you understand the value of what the “battle” is you are fighting for.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

 

Federal Employees with Chronic Medical Conditions: What to Do

It is the universal question which confronts us all: The next steps; how to react; what sequence of actions to take; and, in the end, it also involves any verbal or written responses, as well.  For, the “doing” part can involve both actions and words.

From the little boy confronting a bully who asks the question, “What are you going to do about it?” — to the adult who is faced with a crisis which may involve other family members, where the question is somewhat altered: “What are we going to do about it?” — the answer is not always clear; the response, not always known.

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, “What to do” is the question posed, the problem confronted.

We are never expected to know everything, although all of us would like to think that we have an answer to most of life’s problems.  But this is a unique circumstance, a special order, a confrontation of unknown proportions.  And when you are faced with the unknown, it is best to contact someone who is experienced in the “What” and the “Doing” in response to the “what”.

Contact a Federal Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of confronting the “what” — as in, What to Do?

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement System: Musical Chairs

Do you remember the fun of it — perhaps in elementary school or beyond?  The shrieking laugher; the methodology used; the adaptation for caution; the guarding of the few remaining chairs; the inevitable clash of 2 people trying to fit into one chair; the disappointment of elimination; and just the pure fun of it all.

Perhaps, in this day of political correctness, the game is no longer played, as inclusivity is the popular theme over elimination and exclusivity.  Yet, reality and the harsh lessons of the “real” world more than supports the metaphor of musical chairs.  It is a lesson well-learned — of life as a moment of music which suddenly ceases, and a decision must be quickly made that might alter the course of your life: To be a “part” of something, or to be forced to abandon it and to move on to something else.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the “music” of continuing in one’s Federal or Postal career has stopped and can no longer continue, and where “elimination” from the missing chair no longer available to continue in one’s career is forcing a decision to seek a seat in one’s life somewhere else, consult with a Federal Attorney who specializes in Federal Disability Retirement Law.

Elimination in the game of musical chairs is one thing; termination in the Federal Sector or the Postal Service — either because you can no longer perform your job, or from “excessive absences” or a similar reason, is a valid basis to file for Federal Disability Retirement benefits.  It might be a good idea to make some decisions before the music stops, and to get a head start in the game of real-life musical chairs.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: The concise sentence

What is the difference between being concise and performing with precision?  The former is often applied in the universe of words and communication; the latter, in areas where quantitative measuring tools can be determined, such as in science or in mathematical sectors.

We say of a person who speaks voluminously but with little substance that he or she represents the antonym of conciseness; and so a comparison is often made between volume spoken or written and concepts or thoughts conveyed.  Of Literature, most would agree that Hemingway is the representative paradigm of conciseness, whereas Joyce and Faulkner reflect the very opposite, though all three are considered classic and great authors.

Do we excuse such authors as Joyce and Faulkner because, in literature, we tend to focus upon the stylistic brilliance of their writings as opposed to the “meaning” that captures the undercurrent of their works?  In other words, although they may give us “too many” words and thus are, by definition, lacking of conciseness, we nevertheless overlook such imprecision precisely because we do not attribute “amount” as the necessary and sufficient cause of determining the worth of good authorship.

Hemingway used to say that, in writing, he had already formulated each sentence before setting it upon paper, whether in handwriting (a lost art) or at the typewriter (a manual, when those contraptions existed and where the clack-clack of metal keys pounded deep into the twilight of a writer’s life).

Why do we applaud and celebrate the concise sentence?  Does it make a difference whether or not a sentence, say, with 7 words communicates a thought as opposed to a paragraph with a thousand words that conveys the identical conceptual construct?

Take the following 2 examples: 1. Lessening of debt equals wealth. Or, 2: If you have less to owe to others, then it is the same as savings; or, as Benjamin Franklin used to say, a penny saved is a penny earned, and the reality of it all is that we have more to spend and retain wealth, not so much because you have more money, but you have more because less is spent on paying other people your hard-earned dollars.

Now, both sentences convey essentially the same meaning.  The first one, however, is comprised of 5 words. The second one took…many words to communicate the same thought.  Does it matter whether a concise sentence is used, as opposed to one that is not, if the same two convey identically reflective thoughts?

It might make a difference, because of one factor that has not been discussed: Being concise often possesses the added feature of being precise, and precision is important in the accuracy of conveying thought.

For Federal employees and U.S. Postal workers who are thinking about preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, there is a dual-key component to preparing the SF 3112A, Applicant’s Statement of Disability: Be concise, but do not forego length for completeness.

In other words, being concise in order to convey the proper information is important; but, at the same time, do not sacrifice wordiness just because of the limited “boxes” that are provided on SF 3112A.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Attorney

 

Federal Employee Disability Retirement: Distractions

They are the projects of life of which Heidegger recognizes, allowing for avoiding the inevitabilities of life’s challenges; of fate, mortality, future insecurity, and death.  What quantifiable slice of one’s life is governed by distractions?  Must it always be less than 50% in order to remain so, and if it exceeds that halfway point, does it then become something substantive and not merely the peripheral meaning of what it means to “be distracted”?  If a distraction is considered to be an aside – that which waylays a person’s attention by focusing upon a central project of life’s endeavor – what then defines an inversion of that perspective?

Take, for example, the following:  A mechanical engineer is working on a technical project that consumes one’s focus, concentration and attention to detail, but has a unique and eccentric ophthalmological condition, whereby the eyes are compelled to follow any and all red objects that pass by.

Now, the company has attempted to accommodate the medical condition by requesting that no employee shall enter into the mechanical workshop wearing red, but on this particular day, some investors are visiting, and a man in the troop of intruders is wearing a red tie, and a woman in the entourage is sporting a red sweater.  They go from bench station to the next cubicle, within the purview and arc of dimensional periphery of the eccentric man’s attention, and with each movement, every sidelong blur, his eyes are “distracted” by the red moving objects.

Out of every minute of work, fully 45 seconds are spent on focusing upon the red objects that detract from the necessary mental acuity attending to the project at hand, and indeed, while they are far enough away such that from an objective viewpoint, the objects are mere inches in proportion and are of a distance as to almost be unnoticeable to others in the group of engineers, for the eccentric mechanical engineer, it is the focal point of his attentions.

The distraction is such that it disrupts the sequence of testing conditions and interrupts the validity of the technical precision required, and a coworker finally declares, “You’ve been too distracted and the project has to be scrapped.”  Would we agree that, because of the numerical disproportionality of concentration attributable, “red-object observation” takes precedence as the primary project, and it is the engineering project that is the distraction?  Or, because it is a medical condition of which he “cannot help it”, do we excuse the distraction in its entirety?

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 positional duties, the central point made here is precisely how the Federal agency and the Postal facility views the issues significant in a Federal Disability Retirement application.

Federal Agencies and the U.S. Postal Service possess a myopic view of “work”, and even if the Federal or Postal employee is able to continue making valuable contributions to the workplace, they often see the differentiation between “work” and “distractions” as one quantifiable by time alone.  This is too bad, but a reality that must be faced.  For, medical conditions are not mere distractions; they are life’s interludes that can often be faced and overcome, if only outmoded ideas about what constitutes workplace contributions are set aside, and realize that even distractions delaying the central mission of a Federal agency or Postal facility are not the most important, or even of much significance, when it comes to the worth and value of a human life.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Help: Caught in the world in-between

It is a purgatory of sorts; of the netherworld where twilight is a constancy of confusion, and when neither dawn nor dusk, between summer and winter, or of cognitive clarity and conundrums of confusion reach the pinnacle of an infinite maze.  Do we prefer clarity to confusion, or the light of dawn to a period “just before”, when consciousness of thought is suppressed or prevented by a darkness befalling thoughtful perspectives impeded by streams of dancing oracles upon a seamless stupor?

It is often uncertainty which tires the soul.  For, while wealth is preferable to destitution, and employment to its opposite, it is being caught “in-between” which engenders uncertainty and angst of future plans, and that is likened to a form of hell.

When a Federal employee or a U.S. Postal worker first learns of a medical condition — whether from an accident or injury on the job, or during a foray into uncharted recreational activities, it matters not for purposes of meeting the criteria for eligibility in a Federal Disability Retirement application submitted through the U.S. Office of Personnel Management — the weariness of time and the toll of uncertainty is often worse than the failure of resolution encountered through therapy, medication regimens, surgical intervention and the long delays in recuperation and rehabilitation.

It is that “waiting” which becomes the agony of life, for the questioning and incessant pondering resulting therefrom haunts the soul:  What will the future hold?  What will my job do?  What are they planning?  The “what”, the “when” and the ultimate “why” becomes a reverberating echo of repetitive songs unwavering in their monotony of questions forever unanswered.  For, it is the unanswered question and the unstated discretion of silence which makes for waiting to be just another agony of life’s challenges.

To be caught in the world “in-between”, where future plans are delayed because the present remains in a muddle of soft mush, and when past actions fail to concretize a pathway for mapping current stability, is a state of existence which is tantamount to a purgatory of eternal uncertainty.

For Federal employees and U.S. Postal workers, it is thus important to take some action and begin the process of filing for Federal OPM Disability Retirement.  Wishful thinking will not make the medical condition go away; and while hope is always a basis for future planning, one often knows early on, within the core of one’s soul, whether the injury or medical condition which prevents the Federal or Postal worker from performing the essential elements of one’s positional duties will resolve to an extent possible in order to return to full duty.

It is not knowing which is the true hell of existence; and to remain caught in the world in-between is often a choice — albeit a bad one — which is based not upon want of certainty, but enmeshed in the essence of human tragedy, when delay prevented that split-second decision that could have avoided the disaster.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Comparative Living

We all engage in it; it is the genre of modernity by which one values and estimates.  With the shrinking world through sharing of information in this technological age, the greater minds have proposed that poverty can be erased and world hunger can be eradicated.  But in the reality of the microcosmic world of daily living, it has allowed everyone to peer into the living rooms of all, and in the process, the heightened camaraderie through shared information has become exponentially magnified.

There are positives for every change; but then, the negatives quickly follow.  Comparative living results in having a rigid sense that a linear form of life must be embraced, at all times, in all circumstances, and anything out of the ordinary constitutes failure of the first order.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impedes and interrupts the planned flow of one’s life, and where the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, consideration must be given to a changed life outside of the realm of comparative living.

Federal Disability Retirement is a benefit which allows for the essence of that which is most important:  focus upon treatment of the medical condition; prioritizing of that which is of the greatest impact:  health, life, and securing one’s future.  What other people do; how others think; where others are going; they all become comparatively of little worth.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management must be the focal point in securing one’s future, and any comparison of one’s life to others who continue on with their linear goals in a world consumed with measuring worth against everyone else, must be cast aside to secure the reality of a present need.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Application and Process: The Foreign Menu

Certain processes and endeavors in life are tantamount to a foreign menu; one knows that, within the undecipherable and incomprehensible letters and symbols presented before one, amidst the evocative smells and provocative sounds emanating from the kitchen in the back, and behind the sounds and voices formed and learned in another land in distant places beyond the horizon of one’s familiarity, there is a dish of choice which one would, if one could identify it, choose for the occasion before us.  But the menu is in another language; the words and symbols are undecipherable; and the waiters, waitresses, cooks and managers speak not a word of one’s own; and all attempts at describing the wants and desires of the moment have failed, because food is an appetite of desire, and not one which finds its core in the rational basis of words and conceptual constructs.

Can such a scenario occur?  Can one find oneself in a restaurant unable to relate or communicate?

For Federal employees and U.S. Postal workers who find themselves unable to perform one or more of the essential elements of one’s positional duties, and who must therefore engage the process 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, the similarity to the scenario described, and the familiarity of the circumstances conveyed, can be frighteningly reflective of the reality experienced.

Perhaps it should not be such a complicated process.  Considering the circumstances — of an injured or medically debilitated Federal or Postal worker who must concurrently contend with both the complexity of the bureaucratic process as well as the confounding and discomforting issues of the medical conditions themselves — one would think that the gathering of evidentiary sufficiency, the legal pitfalls to be maneuvered, the standard forms to be completed, etc., would all be simplified to fit the onerous circumstances requiring submission of a Federal Disability Retirement application.  But the fact is that Federal Disability Retirement is a complicated and complex administrative process with no “short cuts” to fruition.

It is a bureaucratic procedure which much be endured — much like the untenable situation of the man who walks into a restaurant thinking only of the satisfying meal to be ordered, only to find that the menu set upon the table is in a foreign language, undecipherable and incomprehensible, except to the proprietors and those who prepare the dishes of choice, in a clattering kitchen far in the background where echoes abound but confusion compounds.

Sincerely,

Robert R. McGill, Esquire