Happy New Year

And so passes another decade and entrance into a New Year: 2020. Seasons come and go; the years pass by; and the days linger beyond the daily grind of an impervious universe. We mark the occasion with celebratory bifurcations: Before the second and just after; and yet, nothing much changes, only that we have to remember to change every notation from “19” to “20”. Objectively, does it make any sense? Or does the continuum of time merely reflect the truth that such artificial demarcations are only for convenience’s sake, in order to have an excuse to act in ways we otherwise would be too embarrassed to admit to? Nevertheless, whether artificial or natural, the change of another year is a time to celebrate, and to reflect upon a coming New Year full of hope for the future and putting behind us the trials of yesteryear.

Enjoy the moment, for the worth it represents: It is indeed a New Year, fresh in its resolve and without any mistakes in the first few seconds. Happy New Year!

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Hunt for Nirvana

The initial question is: Is there even such a state?  That would, of course, preemptively undermine the very “hunt” for it, precisely because it would be an act of futility.  On the other hand, don’t most of us chase after chimeras of various sorts — whether of fame, wealth, lost loves or repressed daydreams?  So, why not hunt after the paradigm of paragon-like virtues — a state of release, of a transcendent experience devoid of self, suffering and selfish self-centeredness; or, as some might say, of a death-like state in living form.  Many would not even have a desire for such a state.

The amalgamation of we “think” is the state of Nirvana is probably quite different from the actual concept as attained or sought after by those who profess a belief in it.  It is the complete loss of self; of a state where one’s ego no longer exists, and with its disappearance, both sides of the human “coin” are also transcended: pleasure and pain.  One cannot go through life without its opposite and corollary: If you are capable of experiencing pleasure, then you are open to feeling pain, just as the person who can have happiness must by necessity tolerate sadness.  It is, unfortunately, part of being what it means to be “human”, and it is an act of futility if you try and expunge one while attempting to retain the other.  It is simply not possible.

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, it is likely time to consult with a FERS Attorney who specializes in Federal Disability Retirement Law.  Preparing an effective Federal Disability Retirement application under FERS is not a hunt for Nirvana; no, not even close.  In fact, it is another bureaucratic morass which can be a pain in the proverbial behind, and is a long and complex administrative process which makes the hunt for Nirvana like a pleasurable vacation in comparison.

Consult with an experienced attorney who specializes and knows about Federal Disability Retirement Law, and leave the hunt for Nirvana to those who like to trek through the Himalayan mountains.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: Who Pays the Price?

In a certain household (left unnamed) somewhere in the Eastern part of the United States, a father gave this piece of advice to his children: You can do anything in life, so long as you are willing to pay the price.  He would go on to expand upon that concept by illustrating the various situations in which such advice might apply: You can commit crimes, but you must be willing to pay the price of incarceration; you can disregard your studies, so long as you realize that your future will be undermined because of your decision not to study; you can ignore your obligations, so long as you are willing to sidestep the pangs of conscience which will haunt you.

Age has many downsides; a deteriorating body, loss of stamina; slow and progressive decline in all areas of body and mind; and yet the upside, hopefully, is that some wisdom is gained along the way.  The price we are willing to pay reveals a person’s inner soul; how far you are willing to go; what cost you are able to endure; of what you are prepared to sacrifice; these, and many more factors determine the character of a person’s life.

For Federal and U.S. Postal employees 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 price you are willing to pay by continuing on is the singular and unique value of your health.  Consider whether you are eligible for Federal Disability Retirement by consulting with an attorney who specializes in Federal Disability Retirement Law, and consider who ultimately pays the price, and what price is worth the cost?

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Stress of the Moment

From a distance, we can all handle stress.  It is that time and removal from the moment that makes all of the difference, is it not?  Afterwards — after the explosive anger, the sudden quietude or the paralyzing fear — we reflect and wonder as to what created such a stressful reaction.  Or, years later, one may recall that it was a moment of “something”, but rarely remember the exact details as to what prompted or triggered it.  It is often the combination of multitudes of factors: Too little sleep; overworked; a sense of isolation; a feeling that no one around you really cares, etc.

Then, when a medical condition enters upon the scene, all other factors tend to become exaggerated, magnified and exacerbated.  One’s health and deteriorating medical condition always adds to the stress.  It is like the old adage about a fish not realizing that it is swimming in water; when we have our health, we barely recognize it; when we lose it, it becomes the focal animus of our daily lives.  Without our health, there is no “stress of the moment”; rather, every moment is a stressful experience.

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, it is time to consider filing an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, in order to reverse the course taken — that of going back to experiencing the stress of the moment, as opposed to living a life of unending, unendurable and eternal stresses throughout each and every waking moment.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Retirement: Destroying Yourself

Self-immolation is not normal for the common beast; but then, Shakespeare noted that, “What a piece of work is man, How noble in reason, how infinite in faculty, In form and moving how express and admirable, In action how like an angel, In apprehension how like a god, The beauty of the world, The paragon of animals.  And yet to me, what is this quintessence of dust?  Man delights not me; no, nor Woman neither; though by your smiling you seem to say so”.

And so through literature do we have such a high opinion of ourselves, though as Prince Hamlet observed, the actions we take fall far below those ideals to which we aspire.  What is said more often than not contradicts what is done; how we behave, a chasm far and wide from the words we employ.  What are our values?  Retirement is a grand goal, but of what good is it if you are debilitated when you reach that stage?

For Federal employees and U.S. Postal Service 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 his or her job, the question which must be asked is: What am I killing myself for?  Is it worth getting to the proverbial ”finish line” only to collapse into a wheelchair?

Consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, and consult with a FERS Disability Attorney who Specializes in Federal Employee Disability Retirement Law.  Destroying yourself is not the goal; instead, it is to rise above the quintessence of dust and focus upon the paragon of virtues: One’s health.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Law: The Chasm between Reality and The Law

Non-lawyers will often read “The Law” and expect that reality will conform to the language as it is stated.  That is actually a good sign, in that the expectation of the layperson is that respect for the law will necessarily result in compliance with its dictates.  But language is malleable.  It is subject to interpretation, and that is the field of play which allows for elasticity and the chasm which develops between Reality and The Law.

There are, first and foremost, “The Facts” — and whether or not “The Law” applies to a particular set of facts.  Then, from that application of facts-to-law is the further problem of deciding its significance and relevance, and whether or not there are other contravening facts or opposing case-law or statutory citations which may also impact the direct argument of sound legal analysis.  Then, of course, there can be the further difficulty of people, companies, entities and agencies which completely ignore the law and, more recently, of creating one’s own set of “alternative facts”.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has begun to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is important to apply “The Law” precisely, relevantly and comprehensively.

More recent cases of a precedent-setting nature may have altered the meaning of statutory interpretation in a subtle, more favorable manner, and thus is it important to consult with an an experienced attorney who specializes in Federal Disability Retirement Law in order to obtain the greater benefit in evaluating your case, lest the chasm between Reality and The Law be so great as to defeat one’s own attempt within a greater pool of lacking the proper knowledge in applying the law to your particular set of facts.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Merry Christmas – 2019

Another year, gone.  It is the time of festivities; of families traveling great distances in order to gather together and engage in traditions created, memories served and food plentifully prepared; and then to share in the gift-giving — a secular occasion, to be sure, but with roots spanning centuries and across cultures and religious roots and customs. Remember always that perfection is not the goal and failing to achieve it is not a reason to despair.  In the end, it is also not a contest to receive the most “stuff”, but rather, to reestablish relationships frayed or otherwise strained, and to enjoy the company of those who would make the effort to join in the singularly-appointed time of coming together.  Merry Christmas to all, and a Happy New Year.
Sincerely, Robert R. McGill, Esquire

Federal Employee Disability Retirement: The Lighter Moments

It might just be a certain look given upon a misinterpreted statement; of what a child does before the perfidies of society begins to corrupt them; or just a burst of laughter upon an innocent comment meant to uplift from a serious incident.  Whatever the circumstances, it is the “lighter moment” which often makes it all worthwhile, and allows for the difficulties of the context to remain endurable.

Life is hard enough: Of paying bills; of worrying about the future; of what will become of our children, our aging parents, and even of our very own future.  It is as if we walk around with scowls etched upon our faces, not out of free will or choice, but because the difficulties themselves force it upon us.  Then comes a lighter moment — a comment, a misstatement, an unintended act or spoken word which brings a smile upon an otherwise stern and impassive face.

We live for those moments.  It is the pause between the serious content, the period before the next sentence and the break until the following chapter.  But when even the lighter moments fail to curl the lips upward and the old joke no longer triggers a burst of laughter, then it becomes clear that life has become too serious even for the grumps who seemingly never enjoy life.  Medical conditions can do that to a person — of draining life out of every last bit of goodness such that even the lighter moments no longer are lighter, but remain as heavy as the thousand-pound metaphor that weighs us down.

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, the struggle of juggling work, health, family and livelihood can be so out of balance that disability retirement under FERS must be considered.

Consult with an attorney who specializes in Federal Disability Retirement Law and see what your options are, and whether Federal Disability Retirement may be a viable course to pursue, lest the lighter moment in your life may forever become extinguished into a cavern of darkness where the light of hope may never again shine.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Required Rhythm of Normalcy

When we break it, we become bombarded with looks of irritation, a pause filled with suspicious surprise.  The quick, “Good-to-see-you-hope-you’re-doing-well” is meant as a quick conveyance of polite nothingness, and is the throw-away line that allows for the rhythm of a quick-paced society to retain its fast-lane of existence.  You are not to respond except in a similarly empty manner, with a “Yes, nice-to-see-you-too”.  To break the rhythm of normalcy is to interrupt with a real response; to say something like, “Actually, I am not doing too well.  And since you have asked, let me tell you why…”.

Normalcy is the abnormal, and the norms and conventions that were once taken for granted have now been turned upside down and have become the abnormal, the irritating and the blade of rudeness.

In a time past and now gone for seemingly forever, there existed communities where people actually stopped and spoke to one another, showed some concern and exhibited some neighborly empathy.  In modernity, we hide within the barricaded walls of our own secluded lives while declaring the number of “friends” we have on Facebook, though we haven’t met any of them nor actually known them in person.  The blank slate of a computer screen or of our smartphone determines the emotional viability of our daily lives, and so the required rhythm of normalcy has become one of isolated disengagement from actual life.

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 required rhythm of normalcy is to act as if there is nothing wrong, when in fact there is much that is “not right”.  Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and think about breaking the required rhythm of normalcy.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Simulated Life

We all engage in it, to some extent; it is all in the “extent”, however, that matters.  The manufacturing of something which approaches the original; of pretending “as if”; they all constitute a simulation of sorts.  Whether of an expensive handbag that is made in another country where labor is cheap and copy-catting is the norm; or merely a smile when you actually want to cry; or of the rote response to, “Hi. How are you doing?” — where we reflexively declare, “Fine, and how about you?” — when in fact you are not doing “fine” but instead are forced to simulate the required rhythm of normalcy.

Society requires the simulated life until life itself becomes too real such that it must crawl out from the cocoon of artificial existence.  It is as if the metamorphosis from one form of existence into another must by force erupt, and that is the point when reality must by necessity force its being into existence.

For Federal employees and U.S. Postal workers who suffer from a medical condition where, each day, a simulated existence must be lived because to do otherwise might mean that you may lose your job, consideration should be given to possibly filing for Federal Disability Retirement benefits under FERS, especially when the real life being lived — the pain and anguish from a medical condition — can no longer remain contained within the cocoon of a simulated life.

Federal Disability Retirement allows for a lifetime annuity that lets you focus upon your health, and thus circumvents the simulated life and instead allows you to be the “real” you, and not some manufactured form of a fake smile, a forced joy or an artificial existence.

Sincerely,

Robert R. McGill, Esquire