OPM Retirement for Mental or Physical Incapacity: Maintaining a schedule

We all abide by them, strive to meet them and toil to achieve them.  We claim that we control “it”, but in fact, it often becomes the monster which completely constrains and restrains, overpowers and undermines.

Maintaining a schedule in life is important.  Some, because of unknown past issues or current difficulties, cannot stand by and allow for a violation of it; others, with more daring personalities and flighty egos, defy it deliberately and result in floundering about without a purposive intent or constructive content.  Maintaining a schedule is often essential to the daily lives of all; for those who have certain learning disabilities, it allows for a structuring of a universe which would otherwise appear chaotic and undisciplined; for others, the very structure imposed restricts the inner creativity of brilliance, and we are left with the genius who follows no man’s path.

Babies and children do well with it; the creative genius who is always distracted by the brilliance within his or her own subjective world, often cannot abide by it; but the rest of us follow a fairly monotonous routine and stick close to it, if only by excuses given of being “five minutes late” or the sorry excuse that the bedside alarm clock failed to rouse us.

Then, there are companies and agencies that seem to fall apart at the seams, where overwork, underpaid staffers and unreliable workers seem to disrupt that most important of schedules – meeting deadlines.  Then, there is the incongruence between one’s personal schedule and the schedule of another entity, and when the two fail to agree or work in consonance, then frustration begins to develop.  The tumult of frustration is often based upon the chasm that occurs between what one expects and the reality which unfolds.  Closing that “gap” is the solution to one’s growing frustration in this world.

For Federal employees and U.S. Postal workers who need to, are about to, or have already filed a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to containing one’s frustration over the time-period that the U.S. Office of Personnel Management is taking, extending, violating and ignoring in performing their duties in approving or denying a Federal Disability Retirement application, is to recognize that their “schedule” is one of complete and utter power, and that the Federal or Postal Disability Retirement applicant is in a position of complete powerlessness; and, on top of that, to maintain a schedule apart from what OPM does, while one waits for an outcome that is hoped to be favorable.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Quiet

Is “quiet” the same as silence?  Or, of lack of noise?  Is it a state of mind-body consonance, where the body can remain calm and unmoving, yet the mind remains racing with thoughts, and in that state of being, do we fool ourselves to think that the outer world will not impact the inner mind?  Or, in reverse order?

Quiet is that which we strive for, in a world where din is the normalcy of life.  Can medical conditions that betray that which we strive for be understood by those who do not experience it?

Consider Tinnitus – that condition where there is a constant “sound”, whether of ringing, hissing or clanging that disrupts any consistency of a person’s striving for quiet, and this, despite everyone else in the “objective” world being quite oblivious to the “hearing” of such sounds.  Or, of the person who is deaf or progressively losing one’s acoustic acuity – can the rest of the world understand such a state of reality?

We assume, as we operate throughout the world on a daily basis, that because others appear to act in similar ways, that their inner beings and states of minds are similarly situated.  To “think alike” is to remain comfortable; and to attain “quiet” is not just to avoid the constant rush of living, but to reach a plateau where life is consistent, predictable and somewhat boring.

For Federal employees and U.S. Postal workers who experience the disquietude of a medical condition, where a combination of multiple factors come to the fore: Of a medical condition that prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties; of “noises” from one’s agency, supervisors and managers of deficiencies in performance, attendance or quota goals; of being placed upon a Performance Improvement Plan (PIP); of receiving a “warning” memorandum concerning one’s use of leave, whether Sick, Annual or LWOP; of harassment even when one has invoked FMLA rights; or of the step just prior to the last one – a proposed termination, then a termination; it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

“Quiet” is not just a state of how things are in one’s home; one can lose that goal of quiet by bringing home the stresses of work’s harassment and adversarial environment, and it doesn’t have to be an actual medical condition such as Tinnitus or progressive deafness – although those may also be a qualifying basis upon which to file a Federal Disability Retirement application – but multiple other medical conditions, as well, that result in the disquiet of robbing one’s quiet.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Unheralded individuals

Most of us fall into that category; rarely is there a person of “outstanding” qualities where a string of superlatives is deservedly ascribed.  This, despite a generation or so of children in schools being told that “every child is special” and that if you put your mind to it, you, too, can accomplish great things.

No, one may not be the star athlete, or even a starting one; or be talented in music such that one is accepted into some named consortium, or even be recognized for work in everyday, common settings. Yet, we all agree that it is “important” to give compliments, assign praise and shower accolades upon others, if only to ensure the healthy developmental aspects of the human ego.

Then, of course, there are those who “act up” for various reasons, and psychologists will speak about the yearning for an identification, the need for an outward showing of love, and how a person “acted out” of a need for expression, from frustration or sought-out recognition.  Is that what we all mean when that sudden terrorist act occurs and we hear the constancy of the next-door neighbor: “He (or she) was such a quiet, good neighbor.  Who would have thought?”

Is there really such a person?  What if an individual grows up and wanders throughout life never receiving any recognition of any sort – would that person end up being a healthy, well-adjusted, well-rounded and contributing individual?  Like unnamed tombs left for the weeds to overshadow in abandoned backyards of churches left to rot, can a person become a “person” and fulfill his or her “personhood” even if no one ever recognizes or otherwise points out such a person for some individualized, focus variant of an accomplishment seen?

Yet, such people are what are grouped into a faceless amalgamation as the “backbone” of a country, are we not?  Of those quiet, unassuming individuals who just work quietly, go about their business and work out the daily problems of the day, while those “heralded” individuals take the credit, appear on television and get their 15 seconds of fame in the world.

In this Kardashian-based universe where appearance trumps reality, the old philosophical arguments of Platonic Forms as opposed to the irrelevance of surface-realities, no longer applies.  The world has become a format (or, more appropriately, a floor-mat) of topsy-turvy indulgences.

For the Federal or Postal employee who suffers from a medical condition, where 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, the whole issue about being an “unheralded individual” is probably nothing new.  For, once the Federal agency or Postal facility sees an individual as “that one with a medical condition”, the entire outlook changes and the person with the medical condition suddenly becomes the proverbial persona non grata, the one relegated to the corner desk facing a wall, or otherwise shunned by the agency, the Postal facility and all coworkers besides.

Somehow, that is the “true” accommodation – to shun and ignore a “problem child”.  Well, you certainly are, at least, getting your fair share of recognition, now.  However, recognition of that sort can be dispensed with, and the best way to do that is to prepare, formulate and file 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. That way, you can fulfill your fullest potential by becoming one of millions of unheralded individuals.  Welcome to the club.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: A remnant of bygone memories

Memories are funny animals; they travel and traverse endless miles of countless eternities, over fences artificially constructed and through tunnels built within the deep caverns of one’s mind; and in the end, they represent only a slice of accuracy in the whole of what really happened.

Sometimes, even after decades of being together with a “significant other”, a remnant of bygone memories erupts.  Perhaps some scent, or something someone said, or a picture that jarred and shook one’s cobwebs from the recesses of the brain occurred without a deliberative consciousness to do so; and we say, “Oh, yes, when I was six years old, I remember…”  And a remnant of bygone memories surfaces, like a corpse buried with a tombstone long forgotten behind the churchyard overgrown with weeds, and a flood rushes in and ravages the soil by erosion of natural forces and digs up the caskets rotted by time, whispers and hidden secrets.

Were they ever forgotten, and did we simply allow them to remain in a corner of closeted images? Does a truly forgotten memory ever resurface by accident, or is it by fate, destiny, karma and coincidence that at a given place in time, we are suddenly forced to relive a time period buried deep within the unconscious triggers of a soul haunted?  Do we bury memories like we do to the dead, because to not do it would mean to allow the stench of decay to fester within the sensitivities of our inner health?

Encounters with reality and the problems of the day often provoke a remnant of bygone memories; it is, in the end, the present that we must face, within a context of past wrongs committed and previous difficulties perhaps too easily avoided, that come back to haunt us.

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 duties, a remnant of bygone memories can include serious medical conditions that trigger PTSD, depressive symptoms, anxiety and panic attacks.

Are they a valid basis for filing a Federal Disability Retirement application?  Yes.

Do they need validation from a medical doctor to affirm the foundation of a valid case?  Yes.

For, a remnant of bygone memories can impede and prevent the Federal or Postal employee from performing the essential elements of one’s Federal or Postal job, and it is that medical nexus between human memory, job elements and psychiatric capacity that in the end creates the foundational paradigm of an effective Federal Disability Retirement application, based upon a remnant of bygone memories.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Forgetting for a moment

It is a game we play, or perhaps “have to” in order to retain our fantasy-world and “pretend” selves. We like to think that we gave up, long ago, those childish dreams and fantasies we engaged and tolerated as younger selves, and that as adults we must daily face the realities of problems encountered, difficulties arisen and turmoil challenged.  But we haven’t.  We have merely replaced it with another, more productive methodology of play-acting: Forgetting, for the moment.

Perhaps it occurs when we take a day off; or engage in a sports activity, like golf or a pick-up game of basketball where we can imagine ourselves in our glory days, not quite good enough to become pro or even semi-pro, but better than most by sheer force of will, practice and dominance of creative moves that would be whistled away as a travel violation by any half-competent referee, but in the imaginative world of concrete basketball, we can take those extra steps, much like Michael Jordan used to do under the “Jordan Rule” of play.

What we forget; how we forget; the technique of forgetting; whether and why; when and where; these all depend upon individual circumstances and requirements of the day, forged with dependencies, co-dependencies and enablers of time and leisure.

Perhaps it is by daydreaming; or sitting in a café fantasizing of having won the lottery; or in simply watching a television show or a movie where, just for a moment, you can forget everything and become consumed by the story, the special effects and the emotional upheaval of the actors and actresses on the flat screen of make-believe.  Then, of course, in the next moment, or sometime thereafter, reality sets in and we must go about the daily business of living.

The one component in life that makes the whole activity of “forgetting for a moment” difficult, is when you are suffering from a medical condition.  For, a medical condition never seems to “let up”, never allows for a moment of forgetfulness, and never ceases to remind.

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 position, not only will the medical condition itself not allow for forgetting for the moment, but it is also the Federal agency or U.S. Postal Service that also disallows such momentary distractions.

Life is always a bundle of problems, but when you are a Federal or Postal employee, that bundle of problems comes with it a greater bundle when you are beset with a medical condition.

Preparing, formulating and filing an effective Federal Disability Retirement application, whether you are a Federal or Postal employee under FERS, CSRS or CSRS Offset, may be the best option available, and consulting with an attorney who specializes in OPM Disability Retirement is probably the next best course of action to undertake in this long and complex road where, at the end of it all, you may be able to engage in that most pleasurable of activities: Forgetting for a moment.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement under FERS & CSRS: Plato and Play-Doh

If a person says to another, “Have you used Play-Doh” and he answers, “Well, yes, but only as it applies to certain situations in my life.  Otherwise, I tend to rely upon Aristotle in a more pragmatic, scientific approach.”

Somewhat taken aback, the inquiring mind restates his position, saying, “No, no, I meant, have you played with Play-Doh?” Still not distinguishing between the inserted alternative of a consonant (the “D” in Play-Doh as opposed to the “t” in Plato), the responding individual states again, “Well, conceptually Plato is difficult to ‘play with’, as you state it, in that you have to first understand the conceptual paradigms he posits, then…” and the same person goes on to provide a full-fledged, half hour dissertation on the esoteric aspects of a Dead White Irrelevant Philosopher (otherwise known by the acronym, a “DWIP”).

At this point, frustrated, the inquisitive interrogator walks away, throwing his hands up in complete confusion and befuddlement.  What does one do?  How is the incommensurate encounter resolved?  Question: Does the fact that we “hold” in the base of our minds a certain spelling of a word make a difference as to intent and deliberative motive, when what we “speak” out into the objective world makes the receptor of the word, phrase or sentence interpret it as something different from that image that we behold in our minds?

How does one close the chasm between subjective thoughts and objective reality?  Do we approach it in a different way – and does the problem really remain in the subjective domain of the questioning individual insofar as he or she is unable to, incapable of, or otherwise unwilling to alter the originating course of his posited query?

In other words, shouldn’t the person have restated his conceptual query in the following manner: “Oh, I see.  You must have misunderstood.  I am talking about ‘Play-Doh’ – the clay-like substance that we all used to play with as children, and I thought I saw some when I visited your house the other day.”  To which the responder should appropriately state, “Ah, I see now.  You must excuse me. I am concurrently reading Plato’s Dialogues and I mistook your question to be referring to that.”

It is, then, the capacity to listen carefully, to recognize the response given, then to respond back appropriately and relevantly that often dissipates any compelling reason to become frustrated.

Similarly, for Federal and Postal employees who are attempting to respond to the U.S. Office of Personnel Management’s subsequent queries, or even in response to the Statement of Disability’s questions (SF 3112A) that need to be answered, the Federal or Postal employee who is attempting to formulate an effective Federal Disability Retirement application must take care in bridging that gap between subjective reality and objective communication.

There are many “tricks” to the “trade”, and OPM has probably dealt with them all; but the one trick that OPM cannot ultimately ignore, is the tricky web of legal precedents and prior MSPB and Federal Circuit Court decisions that compel them to act in ways that they cannot forego.  Legal argumentation is an art form that should not be ignored, and whether you are asking about Plato or Play-Doh, remember always to include in any Federal Disability Retirement application an effective legal argument that persuasively argues the legal precedents applicable in your case.

Sincerely,

Robert R. McGill, Esquire