OPM Disability Retirement: Enduring, surviving or achieving victory - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

OPM Disability Retirement: Enduring, surviving or achieving victory

    The first two in the tripartite of conceptual constructs are similar in meaning; the third and last, an extension beyond where it may include a historical background of the first two but emerge with a separateness of conclusion from them.  To endure is similar to surviving; to survive, to endure the difficulties and maintain a semblance of remaining intact.  One can “endure” a traumatic event and survive it; similarly, one can survive such an event and, in retrospect, realize that to have endured the experience was the very key to such a conclusion.  One can endure and survive, however, and yet fail to achieve any victory.  For, victory is the conclusion and outcome of how one has endured and survived; the first two are thus necessary condition precedents, in one sense, in order for the third to occur.  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 the Federal or Postal job, the necessity in filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management may become a reality.  For the time being, perhaps the medical condition has not gotten “too bad”, and the Federal or Postal employee may be able to endure the difficulties, go into work and maintain a level of productivity such that no adverse actions from the Federal Agency or Postal Service may result.  Or, the medical condition may be tolerable such that the Federal or Postal employee may be able to survive for the next year, or even the following few years, and be able to endure the turmoil of balancing work, family, progressively deteriorating medical conditions and the essential elements that the Federal or Postal employee must be able to endure.  If and when the time comes, however, for the Federal or Postal employee to consider preparing, formulating and filing an effective Federal Disability Retirement application, the test at that point will not be whether or not the Federal or Postal employee can endure or survive the lengthy administrative process of a Federal Disability Retirement application, but rather, whether one can come out at the “other end” by achieving victory.  In order for that to happen, knowledge of the legal basis to be argued, the necessary connection between the medical condition and the essential elements of one’s Federal or Postal job – all must be effectively compiled, argued and persuasively presented.  For that to happen, you will need to consult with an attorney who specializes in Federal Disability Retirement law. 

Sincerely, Robert R. McGill, Esquire

View Attorney Profile

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Disability Retirement: The Argument
    Posted on September 23, 2019

         You hear about such lives every now and again; of an old man declaring, “Never a raised voice in 50 years of marriage”, or: “We never argued. Bless her (or his) soul”. Leaving aside the viability of the astounding prefatory remark (i.e., that two people in this day and age could remain together ... Read more

  • FERS OPM Disability Retirement: Spam
    Posted on September 21, 2019

        If you remember eating it as a kid, it “dates” you — for, who in this day and age eats something that is singularly unhealthy, contains high levels of fats, calories and sodium, as well as unnamed preservatives? On the other hand, the younger generation doesn’t blink an eye, and instead sees the ... Read more

  • FERS OPM Disability Retirement: Treading Life
    Posted on September 20, 2019

         We don’t often think of it in those terms; but, in fact, that is how most of us live. Like the meek swimmer who does not want to drown, we merely tread water — sometimes calmly, often with a sense of desperation; and too often, with a fear that results in a frenzied ... Read more

Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Disability Retirement: The Argument
    Posted on September 23, 2019

         You hear about such lives every now and again; of an old man declaring, “Never a raised voice in 50 years of marriage”, or: “We never argued. Bless her (or his) soul”. Leaving aside the viability of the astounding prefatory remark (i.e., that two people in this day and age could remain together ... Read more

  • FERS OPM Disability Retirement: Spam
    Posted on September 21, 2019

        If you remember eating it as a kid, it “dates” you — for, who in this day and age eats something that is singularly unhealthy, contains high levels of fats, calories and sodium, as well as unnamed preservatives? On the other hand, the younger generation doesn’t blink an eye, and instead sees the ... Read more

  • FERS OPM Disability Retirement: Treading Life
    Posted on September 20, 2019

         We don’t often think of it in those terms; but, in fact, that is how most of us live. Like the meek swimmer who does not want to drown, we merely tread water — sometimes calmly, often with a sense of desperation; and too often, with a fear that results in a frenzied ... Read more