OPM Retirement for Mental or Physical Incapacity: Responsibility

What is it about the ascription of such a word, that there can be a direct correlation or, if taken in a different context, some mere connection but no causality?  We can say of a person, “He is responsible for X”, and yet never have directly encountered X or (if a person) never even have met X.

Thus of monsters and thugs throughout history, for instance, we might say that “Stalin was responsible for 20 million deaths, at least,” or that Mao was “responsible” for a 100 million peasants dying during the late 50s; or, of course, of ascribing to Hitler the countless millions; and, so that we don’t leave out other “responsible” monsters of history, of Pol Pot, Idi Amin and many others besides, though we cannot link a causality that would pass Hume’s skeptical test of anything more than events following one upon another, we nevertheless accept that all such political figures were “responsible” for the deaths of millions.

What is the criteria in coming to such a conclusion?  Is it a negative proposition — that if X had the power or position to prevent such events from occurring, then Responsibility-Y can be ascribed?  Or must it be a positive declaration: If X engaged in Acts A, B and C, then Responsibility-Y can be attributable to Individual-W; and further, if only Acts A & B, but not C, then less so; and if only Act A, but not B & C, even less so?

Responsibility”, of course, is a malleable and transitive concept; it can change with the contextual winds of opinion, historical perspective and a cultural shift of viewpoints.  Look at how we approach our Founding Fathers — of responsibility for the slave issue in the United States, but somehow excusing each if (A) any one of them willed that they would be freed upon their deaths, (B) that one was “personally” against the issue but for economic, practical reasons were “forced” to go along or (C) they treated them “kindly” and “responsibly” (here, we have a double-meaning of the term, for such an individual was both “responsible” as well as being ascribed the “responsibility” of being a slave owner).

Or, look at the manner in which America treated Native Americans — of a genocidal history no less cruel than Mao’s starvation of the peasantry; and yet, because of such grand concepts as “manifest destiny” and the depiction of an entire populace as “uncivilized”, we can avert “responsibility” by distancing the causal agents; and the greater distance between the agents, the less we ascribe responsibility.

On a lesser scale, what about work?  If work suffers and there is no reason for it but laziness and lack of attention, we ascribe “responsibility”.  But what if a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties — is that Federal or Postal employee “responsible”?

The short answer is a “no” — and that is recognized by “the Law”, in statutes, regulations and case-laws cumulatively aggregated under the conceptual aegis of “Federal Disability Retirement Law”.  It is precisely because society recognizes that a medical condition itself — and not the individual — is directly responsible for one’s inability to perform one or more of the essential elements of one’s positional duties, that Federal disability retirement exists as a benefit to pursue.

But it cannot be accessed until and unless there is an affirmative step taken by the Federal or Postal employee, by preparing, formulating and filing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  That is where “responsibility” comes into play as a direct causal link — of initiating the steps and actually filing.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: The race that wasn’t

Does it often seem as if one is in the middle of the race, but that all of the rules have been abandoned by all other participants except the one that keeps struggling — you?

The term itself has had a long history of proverbial applications and overused metaphorical usages — of the “race” against time; the “race of life”; of marathon runners, sprinters and the various specialists in the metered world of measured distances.  It is the race that wasn’t that is the one forgotten, however; of the false starts, the disqualifications, the one’s discovered to have used illegal steroids, and the villains who cut across back trails when no one was looking in order to save an extra couple of miles from being detected.

Most races are unfair; they are stacked against one from the very beginning, and the end result is almost always predetermined in one fashion or another.  Is a race that is predetermined as to the outcome of individuals to reach the finish line, truly a race at all?  Do any of us ever enter a “race”, actual, metaphorical or otherwise, and say: Well, I know I am not going to win because the rules won’t allow it, but I am going to run, anyway?

Of course, one may not have a choice in the matter; and, in that case, when the whistle is blown, the flag is brought down or the blank round of the gunshot is fired, one begins to trudge along and try one’s best.  That is how one feels when a medical condition begins to creep upon a person’s health — of the slow, insidious deterioration, where the generality of “life’s unfairness” begins to dawn upon the consciousness of one’s livelihood.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent, impede, interrupt or otherwise diminish the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, it may be time to reconsider the “rules of the race”, as the metaphor is often applied, and begin to prepare, formulate and file 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.

As with all government bureaucracies, the U.S. Office of Personnel Management applies the “rules of the race”, and in order to qualify for the race that wasn’t, you will likely need to consult an attorney who knows all of the relevant rules of the race, including the start time, the length of the process, and what needs to be done in order to reach the finish line.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: The unknown

What is it about “the unknown” that terrifies us?  Is it merely from the stories of childhood that kept us up late into the night with limbs and face under the heavy blankets, hoping that those goblins wouldn’t suddenly pounce upon the flesh that remained uncovered, with sweat and suffocation preferable to the gnawing of a hungry predator?

Or from insecurities that remained despite the best efforts from parents who were clueless but wanted a dissimilar approach from their own childhoods; yet, despite those efforts to “never be like my mom and dad”, such exertions were merely untested applications from tentative and unlearned methodologies, leaving the insecurities manifesting through thoughtless hesitations because no one knows what they are doing?

The unknown is always, by definition, an uncertainty, and thus a conundrum that instills fear, prefatory pause and trembling of confidence.

When a medical condition enters into the picture as a factor to contend with, the unknown becomes a depth of fear and loathing, precisely because there can never be concretized stability within a wrapping of the unknown.  Suddenly, with the medical condition present, the unknown becomes an uncertainty; the uncertainty compels anxiety and an angst that cannot be controlled.

People enjoy watching horror shows and movies depicting the supernatural; of monsters and goblins that suddenly pop up from nowhere and frighten; because, once removed as a spectator who can fear and yet know simultaneously that you are merely an observer of the horror and mayhem, the fear of the unknown is recognized in the third person, and therefore separable enough from the reality of the virtual.

When one suffers from a medical condition, however, the observer and the sufferer become one and the same, inseparable, unable to merely act as a dispassionate spectator.

For Federal and 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, the unknown is the uncertainty of a future undetermined.

Thus, what needs to be focused upon is what is known, and let the unknown unravel — by preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, so that the Federal or Postal worker suffering from a medical condition can focus upon the known quantities of life: One’s health, one’s happiness, and the present circumstances that cannot continue perpetually into the future.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Procrastination and delay

The former denotes an active passiveness, while the latter connotes the former but may also include objective circumstances beyond the subjective input or control over the consequences resulting, whether from external forces, internal influences or a combination of both.

What compels one to procrastinate?

There can be a number of factors — of secretly not wanting to proceed; of the proverbial kicking the can down the road; of wanting to extend the known quality of the present and resisting the unknown quality of an uncertain future; or perhaps, just simple laziness.  Of the latter — of delays in a process, or of results expected — this can be because of actions taken or not by others, and a whole host of reasons not known by the expectant party.  Thus, for a delay to occur, much of the circumstances often cannot be controlled; of the former, most, if not all of it, is within the purview of one’s influence.

Further, it is often the monsters within that loom much larger than the reality without, and that is often true of things we anticipate we will not like, and of obligatory mandates that may be inevitable objectively but resisted subjectively.

For Federal employees and U.S. Postal workers who are contemplating the necessity 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, it is often that initial step that is the most difficult one to take.  And like that Chinese proverb that is often quoted, the journey of a thousand miles must begin with the first step, so it is likewise true that procrastination of that initial step is the one that prevents all subsequent steps and actions from being taken.

Procrastination is within the purview of one’s self; delays, beyond one’s control, or at least some part of it.  To overcome the obstacle of one’s self, it may be wise to consult with an attorney who specializes in Federal Disability Retirement law, so as to first understand the process of what it takes to file with the U.S. Office of Personnel Management, the intricacies involved and the requirements needed to meet the legal criteria for a Federal Disability Retirement application to “pass muster”, to realize what initiating steps are necessary, and to recognize whether the fears that delay are the ones that are merely in one’s own mind, or whether the pathway forward is as onerous as the fears that paralyze.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Future uncertainty

It is a peculiarly human endeavor to reflect upon and ruminate; to consider that which has not yet occurred, and to worry about it, turn it over, consider the options, become so ensconced in the details of that which is still yet to become, if at all, and to will anxiousness and even harm one’s health over it.

Does the dog that one has known for many years engage in such conceptual angst, and project one’s self towards a time yet to become?  Well, yes — there can be a similar sense of anticipation; of prefatory behavior in response to an approaching hour.  If, on every Sunday at noon a tremendous noise is heard, dogs and other animals can be ‘trained’ into becoming anxious for several hours before the event, and act accordingly.

Is that merely an inculcated imprint, or is there some lengthy thought process — reflection, rumination or anticipatory consternation — involved in the anxious behavior exhibited?  Is there a distinction to be made in the manner in which human beings behave towards future uncertainty, or is the difference merely one of degrees?  Does our capacity towards an insular universe, self-contained within thoughts and boundless tangential roads that lead to greater depths of despair and self-inflicted despondency differ from the trained responses as exhibited by other species?  Or, is our capacity simply of “more”, and the extent of our means merely one of exponential exhibitionism?

Future uncertainty — what is it?  Is it a learned response or a human peculiarity of untold evolutionary need?  How does one engage in it, and are there better coping mechanisms than others?  Does life’s experiences grant any reprieve, or are we all subjected to its devastating effects?  Do the wealthy experience it in the same manner, or does it merely take an extremely selfish personality — one that cares nothing for others and thus feels no sense of obligation in forestalling any belief in future doom that may befall family members — to avoid the angst of foreboding tides?

For Federal employees and U.S. Postal workers who have that sense of future uncertainty because of a medical condition that has begun to prevent the performance of one or more of the essential elements of one’s job, the obvious antidote to such feelings 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.

Yes, the future may appear uncertain at this moment; yes, the sense of not knowing gives a recognition of anxiousness that seems never-ending; and no, filing a Federal Disability Retirement application is not the answer to all problems presented.  However, it is at least a start — to refocusing one’s attention to the priorities of life’s foundational precepts: of health and in securing some semblance of a future yet to be determined, but to be anticipated not with a foreboding sense of gloom, but of a tomorrow that may yet promise a day after.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Refurbishing the emptiness of existence

It is not quite like fixing up the living room, rearranging the furniture in the family room, or even remodeling the bathroom; for, in the end, the soul that feeds upon the emptiness of existence must needs be replenished with things beyond mere material goods; it must be sustained by the worth and value of that “something” transcending gold, emeralds or even the riches of self-satisfying egocentric accumulations of treasures beyond.

The refurbishing of the emptiness of existence hits upon each of us at some time during our short and brutish presence upon this world; and for some, it is the coldness of responses received that dismays and often destroys.  We can rearrange the furniture on the deck of the proverbial sinking ship, but the cold reality still remains when that foreboding sense of solitary loneliness continues to overwhelm us.

Existence is a reality that we had no voice about; emptiness is a choice that comes about through failings of our own, as when others have determined that friendship, kinship, affinity and affection are not worth pursuing — at least, not with you.

We have a lifetime to foster human relationships, and yet, sadly, most of us keep burning the bridges that have been constructed, severing ties that once bonded one another and set out to destroy any shadows that follow upon the warmth of human linkage.  We like to “remake” ourselves; to “win”, to “defeat”, to be the victor in all worthwhile endeavors.  Then, at the end of life’s work in progress, what are we left with?  Emptiness and loneliness.  Was it all worthwhile?

For Federal employees and U.S. Postal workers who have this sense of it all — that a medical condition has pervaded, has impacted and prevented you from performing one or more of the essential elements of your Federal or Postal job duties — it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

It may come at the very moment when you feel as if you need to refurbish the emptiness of existence or, more likely, it is because the medical condition that is overwhelming you has forced the issue.  Often, when life appears to need rearranging, it is the other guy who is in the process of refurbishing his or her emptiness of existence, and it has nothing to do with you; you need to do what needs to be done because others will not recognize the value and worth that you have all along been working so fervently to create and maintain.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Present who of past what

It is a peculiarly human endeavor: of looking at a photograph (yes, digital nowadays, no doubt), and trying to discern from a present who what the one-dimensional picture says about what we were doing some years past, or maybe a few weeks or even yesterday.  It is the present “who” of one’s identity, trying to extract meaningfulness from a singular snapshot of an emotional freeze, whether of self-conscious “cheese!” declared knowing that the picture was being taken, or of a cold stare that locks out the soul’s essence of what we actually felt, and trying to extrapolate within a 3-dimensional universe the foundation of what had occurred.

We all play that peculiar game, do we not — of standing in the present by the very being of who we identify as ourselves and looking at a photograph of someone whom we can identify as the “I” in the image before us, and then remembering, with the contextual history hidden within, of the past what that depicts the picture present who stands before staring at the past what; while others may be doing the same thing many times over, multiplied exponentially in volumes unimaginable, yet each instance being insularly singular because there may never be a discussion about the present who of past what that no one talks about?

It is akin to having a medical condition, isn’t it — and of continuing to smile, walk about, carry on “normally” and everyone else in their insular universes not knowing about the medical condition you carry about, and the suffering you must endure because of the present who of who you are but of the past what where others see you and judge you as you were, what you were, who you were, while all the while it is the present who of today that has changed and is no longer the past what of who you were?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is preventing the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal job and positional duties, that feeling is often familiar and well known — the present who of past what.

Others see you and expect the same; you may even appear to be unchanged, but inside, you know that the present who is no longer of the past what, and that is precisely what must be conveyed in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether as a Federal or Postal employee you are under FERS, CSRS or CSRS Offset; for it is precisely the present who of past what that is the you of today with the historical context of the past what, but nevertheless needing the present who for a future whom no one but you can know or discern.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: House versus home

What is it about terms that possess those subtle distinctions that evoke emotions that can be differentiated between “objective” and “subjective”, or distant versus close, impersonal as opposed to affectionate?  Advertisers, of course, play upon such words, and pollsters apply research results as to the emotional input received by throwing in certain words, terms, concepts and voice inflections as opposed to others.

Thus, a “house” is some impersonal structure that may or may not be occupied; whereas, a “home” is where one’s memory resides, of warmth and gaiety, cookies fresh out of the oven and a swift kiss on the forehead when a boo-boo occurred that brought tears to the little child’s rosy cheeks.

“Friends” are reserved for the special smile that knows the secret; an “acquaintance” is still the arms-length feeling of perhaps, but not just yet and maybe; and the tear that is shed in the quietude of a theater’s relative darkness is the one that is let loose when amongst those who are close and secure; but the house that sits beyond can never be the home that warms one’s memories unless the childhood memory runs through the kitchen where aromas of love and cookies can embrace the hurts that were left behind long ago.

What words we use; the emotions which accompany the choice of our language games; and the vehicles of communication that leave hollow the empty vessels within out hearts; these are the breadcrumbs that fall to the wayside and leave us empty within the souls of our being.

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 positional duties, the feeling that one’s Agency or the Postal facility one works at has suddenly become a “house” versus a “home” is a natural one.

No longer are you the valued employee, but just “that one” who takes too much sick leave or LWOP; you are not the golden boy or girl who did a great job last year, but the one who is placing a burden on other workers because you have been absent; and while your performance reviews remain as they were, it is only because apathy continues to prevail, not because anyone has actually noticed how you are struggling despite your medical conditions.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the only option left, in order to return to one’s home, as opposed to the house that is visited and has become empty of any feelings or fond memories of childhood dances through the empty halls of a soul that is left hollow by the cruelty of those about and around.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The light in someone else’s home

Walking the dog out past dusk, or perhaps standing in the backyard after the sun sets; or, in an apartment complex looking out beyond; a light turns on in someone else’s home; we wonder, who is it, what are they like, and how different are they?  Do others, upon seeing the light switched on in your home, wonder at the owner — the possessor of the finger that flicked the contraption that illuminated the room and altered it from darkness into a visually acute arena of human activity?

Why do we spend so much time pondering about alien lives in other worlds, in faraway universes beyond our very own, when scant little attention is paid to knowing about our next door neighbor?

Some would give a quick scoff at such a thought and quip, “If only you knew my next door neighbor — you wouldn’t want to know!”  And yet, it is always the one that is “just beyond” that attracts our attention — not the person sitting next to you on a train, or the woman with three screaming children on public transportation; rather, it is the unseen stranger who flicked on the light switch afar, whom we cannot see but by shadows that pass behind the blinds that veil; that is the person who sparks an imagination that there are other lives, other ways to live, and who remind us that the light in someone else’s home means that there are other ways of seeing things, living life and having different opinions, goals, dreams and conversations.

The objectivization of other human beings is the basis by which murders are committed, wars are justified and slogans are written; it is only when the warmth of a light that suddenly illuminates the darkness that prevailed begins to permeate one’s consciousness of what it all means, is when human empathy and compassion begins to form.

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 job, the light in someone else’s home is the one left unlit, and that is often why the harassment begins, the coworkers remain uncaring and the agency seems oblivious to your deteriorating health.

It often seems as if the world cares not; that, despite your years of loyalty shown, late-nights expended to complete an important agency project, or staying beyond the hours to finish the sorting, distribution and delivery — now it is supposed to be someone else’s turn to switch on the light and carry forth the mission.

Preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the only option left.  Whatever the conditions, it is no longer the light in someone else’s home that should be of concern, but the darkness left in your own that needs to change, by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to OPM.

Sincerely,

Robert R. McGill, Esquire