Attorney for Federal Disability Retirement Claims: Of myths and unicorns

We too often consider myths and unicorns as those ancient stories based upon an error in analysis of transcendental or metaphysical concerns; that, somehow those “old folks from the past” (you know, the Celts, the Druids, the Normans and Romans and all of those other funny-sounding names once remembered for multiple-choice tests but otherwise lumped together as so many knights in shining armor with large red crosses painted across their chests) just didn’t understand the laws of the universe, Newtonian Physics or Einstein’s Theory of Relativity (even though we ourselves, or most of us, barely comprehend even the surface of such conceptual constructs), and that through misapprehension of the underlying “scientific” principles that were yet undiscovered or unrecognized, our sophistication in modernity can easily dismiss those beliefs of yore, of myths and unicorns.

But of our own myths and unicorns, of course, we can justify, though we cast away objective truth by a mere dismissive wave of the hand with certainty within the insularity of our own opinions, and declare dead the Platonic Forms or Aristotelian logic that once dominated the Western sector of the universe, and thereby cling to the very myths and unicorns we have created, though new and refreshing they may be or seem.

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 important to distinguish between myths (i.e., those stories of the ancients that are told around bonfires and sacramental declarations in the corridors of echoing halls), unicorns (those folklore creatures still believed to be in existence by some, like hobbits and gnomes) and The Law (that funny creature that creeps about in the dark recesses of doubtful minds, that somehow governs the day to day activities of most, and for the particular Federal or Postal employee who must consider filing for Federal Disability Retirement, some specific application to protect one’s rights).

Before you begin the process of preparing, formulating and filing for Federal Disability Retirement, know The Law by consulting with an attorney who specializes in Federal Disability Retirement Law so that you do not mistake the misapprehension of the universe of Federal and Postal actions like so many myths and unicorns that yet pervade among us.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Being too kind

Can we be so? Is there a tipping point on the pendulum of sugary personalities where the spectrum of color-coded warnings tell us to be wary, for danger lurking within a context where one becomes suspicious of a conversation turning to an overabundance of kindness? Is there such an event, a personality, a characteristic and a trait of opposition as “being too kind”? On a spectrum or scale of revealing who or what a person is – does kindness turn about into an antonym of sorts, and become naked meanness or obstructive disregard in malfeasance by neglectful ignorance?

Can parents be charged with negligence or criminal neglect because they are “too kind” to their children by allowing them to do as they please?

Can a sugary-sweet conversation engaged in with a superior turn out to be a deliberate intent to elicit responses where safeguards are lowered and one’s instinctive inner alarms of suspicion are temporarily abandoned? If a person is truly “too kind”, does being so become a detriment, or a badge of honor that allows for one to pass through life with ever a smile on one’s face? Or, behind closed doors, in the dead of night when the darkness shrouds the turmoil brewing in ones’ inner thoughts, at what price does being too kind extract, like that pound of flesh diminishing the weight of relevance for each of us in a world known to be mean and unkind?

We all accept predators and other animals of wolverine intent; and there are surely angels amongst the population who wander throughout in order to touch the hearts for the pleasure of gods in the underworld of eternity; but of those who by personality quirks or some missing link in the Darwinian universe of survival instincts, do the opposites of kindness equal the mathematical rule and create the sum of meanness, or its very opposite, of angelic qualities rarely encountered in this universe of cynicism?

Then, of course, there is the dismissive wave of the hand of which no one wants to fall within that category: “Oh, he’s a nice enough guy” – a declarative which, when properly interpreted, means: “Irrelevant; not worth spending more than a few seconds with”. For, being too kind has two faces to it: Whether of a perennially naïve character, such that the person with that eccentricity can be trampled upon and yet remain so; or, there is an underlying and often malicious intent beneath the veneer of such kindness.

For Federal employees and U.S. Postal workers who are considering filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, to be filed with the U.S. Office of Personnel Management, remember that there is always a history of repeated conduct by Federal Agencies and Postal Facilities, which should forewarn you about a person, an agency, a department of a facility, that suddenly is being too kind.

For, always remember the childhood fable about Grimm’s or Perrault’s eternal truth, as depicted by Little Red Riding Hood; and, depending upon the version written, you may not want to get into that bed with a grandmother who has a long and suspicious-looking nose, as well as other telling features that should ring the alarm.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Sunshine, briefly

Life is mostly dark clouds, with a ray of sunshine briefly upon a small patch of wet grass.  Yes, yes – such a perspective is a mirror reflection of the conflict between the “half-full” versus “half-empty” outlook; but is it helpful for young people to posit a world view, a paradigm or, in the philosophical realm of ivory towers, that king of all royalties in linguistic sophistication that is dropped nonchalantly to impress and raise eyebrows –  Weltanschauung (since when did a German word rise to the level and replace Latin phrases, when one can barely clear one’s throat in enunciating such concepts?) – when reality doesn’t quite parallel such a fairytale ga-ga-land of fantasy reserved for bedtime stories and dream-filled comforts?

Do we not restrain children from engaging strangers?  Do we not warn of criminals, conmen and conspirators and step cautiously into dark alleys and isolated parks in twilight’s eyesight because the world lurks with malevolent intentions and evil thoughts?

There is no questions, of course, that there are periods of respite; of sunshine, briefly, by rays of telescopic precision warming for a time, before the inevitable clouds rub out the finite orientation of a limited gap emitting brightness of hope.  Is balance the stain of righteousness, and if so, where on the spectrum of both extremes does one draw the line of correctness, and is there a singularly myopic perspective where no other can claim moral equivalency?

Cynicism is attributable to the extreme of the “dark clouds” perspective, and naïve idealism to the other end of limitless sunshine; and somewhere in the middle is where reality protrudes into the conceptual realms of unease:  daily living, the encounters with meanness, harassment and unmitigated callousness that must endure the diminishing dereliction of youth’s untarnished cavity of hope.

It is, in the end, that ray of sunshine, however brief, that we live for, even if it only comes about once in a proverbial blue moon.  It is likened to the 80/20 rule:  Eighty percent of people you meet are not worthy of your time; it is the other 20% that you hope to encounter and engage; the identical proportion applies with work – much of it is monotonous and mindless repetition; it is for that remaining sliver that you do the treadmill stuff in order to apply the relishing technicality of challenging concerns.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the idea of life’s sunshine, however briefly, is precisely the point, isn’t it?

The medical condition that shortens one’s promising career is but the dark clouds which have gathered and overcast upon your life, career and ability and capacity to enjoy; Federal Disability Retirement – thought as “negative” in the sense that it replaces that which you worked so hard to attain – is that sunshine, briefly, so that you can go out with an annuity, a semblance of security, and focus upon the priorities of life:  Health, family, friends and tranquility.

Now, if that is not sunshine, however briefly, no one can fathom what is.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Employee Disability Retirement: Ascribing wrong motives

Is it wrong to ascribe wrong motives?  And, unless there emerges practical consequences, does it matter?  If a non-family member forms a relationship of friendship with an older person, do we fairly ascribe an underlying intent of malicious deliberation?  We may think thus:  He is hoping to gain something – gifts in return; an inheritance, perhaps; or, maybe even a more blatant act of stealing or forcibly engaging in a criminal enterprise.  On the other hand, there could be a purity of motives – of responding to loneliness and a desire for company; but who in this world ever believes that, anymore?

In a universe of depravity and disseminated cynicism of purpose, we know better, yet cling to that time eons ago of innocence and purity, when not everyone darkened his inner soul of decadence.  What was that age-old adage that once applied, when mothers and grandmothers admonished us to invite strangers into the home, lest one day a disguised angel appeared amongst our sinful souls?  Of scenes during the Great Depression when the hungry would knock humbly on backdoors and stand with hat in hand, eyes cast downward, and children in tattered clothing looked up with forlorn eyes in bulging anticipation for a morsel of forgiveness and food?

Yes, we give to that homeless man or woman in a moment of panic, when the urge of empathy is not so much overwhelming, but more fearful that we want to avoid the image that, “But for the grace of God, I may become like that person”, and quickly hand over some loose change or fumble for our wallets and pocketbooks to swiftly dispense with our duty to our fellow mankind – and if a stranger looking askance smiles sardonically and quips under his breath, “Yeah, right, as if you really cared” – is it any different in ascribing a wrong motive, than the mercenary who targets old ladies and innocent children with threats of harm?

This is a pivotal point in civilization’s evolution towards a pinnacle of maturation:  as the West has no mechanism in the generational transfer of wisdom, where the young learn of lesson’s past through dinner-table discussions of nightly musings; so the imputation of cynicism’s haunting residue will only exponentially overtake any purity of a soul’s essence.  We become what we fear, because fear overtakes and is more powerful than any singular love for one another.

For the Federal employee and U.S. Postal worker who is considering preparing, formulating and 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 the case that the Supervisors, Managers and coworkers of the Federal agency or the Post Office at which one works, will ascribe wrong motives to the Federal or Postal worker filing for Federal Disability Retirement benefits.

That is a sad thing.  For, no one else can “feel the pain” as the person suffering from a debilitating medical condition, just as empathy and sympathy become waning characteristics in a society increasingly devoid of such human essences of Being.  In the end, one must simply ignore such lack of civility, and move on, as the saying goes; for, the old adage of proverbial significance – that a person is unable to understand unless you have walked a mile in his or her shoes – still applies today, whether or not the other person has ascribed wrong motives or not.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Resignation

It is both an act, as well as a demeanor.  In the former sense, the fulfillment is accomplished by the actual tendering of an offer to terminate a business or contractual relationship, with a declarative statement of unequivocal certainty.  In the latter form, a feeling, a sense of foreboding, and a concession to life’s hardships.  In either case, it is an act of withdrawal, whether by action via terminal certitude or in the wasting away of the soul’s inner flame of light.

Resignation, submitted as an act of defiance to one’s employer or as a private tender of retreat, is a statement of definitive intent, and one that negates the living embrace of Being.  In political circles and parliamentary procedures, there is often involved a game of dare and a play of obfuscation, like card players in a high-stakes poker game where the tendering of a resignation letter is not expected to be accepted; yet, such attempts at bluffing possess moments of backfiring, with the resulting end to promising political careers because of the inability to foresee substance from play-acting, or want of proper timing.  Resigning, and for what purpose?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and 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 question of resigning from one’s Federal job or Postal employment should always take on multiple questions and conditions of “why”, “when” and “what for”?

What is the reason; why resign; when should the resignation be tendered; and what is the reason for resigning?  Is it because the doctor has recommended such a course of action?  Will the agency refuse to extend the LWOP status during the process of awaiting a decision from the U.S. Office of Personnel Management?  Will it allow for access to TSP funds during the process, in order to survive financially?  Or are there other justifying, pragmatic considerations to factor into the decision-making process?

These, and many other considerations, should be discussed, evaluated and objectively defined, before a resignation is submitted to one’s agency or the U.S. Postal Service.  For, once the resignation is received, and an SF 50 is generated separating the Federal or Postal employee from Federal Service, then the 1-year Statute of Limitations begins to toll, where the (now former) Federal or Postal employee has one year from the date of separation from Federal Service to file for Federal Disability Retirement benefits, directly to the U.S. Office of Personnel Management.

Thus, there are direct and irreversible consequences in the tendering of a resignation in the first sense of the term; as for the alternate consideration – of a demeanor more suited for a change of circumstances – that is up to each individual to embrace, and determine in an existential sense that any resignation from life’s beauty and worth of being, must remain a choice left only to the unidentified tombstones of unvisited grounds where neither hallowed voices are heard, nor hushed silence interrupts.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement under FERS & CSRS: Of spare things left in the world

We don’t seem to have a capacity to share of those things which we have no need, anymore.  Does scarcity of resources result in “doubling down” in ways formerly described as miserly in deed?  Does the free market principle of supply and demand explain the loss of social grace in responding to need?  What ever happened to the spare tire, the jingle of spare change, and the ephemeral absence of spare time?  Has society come to a criss-cross of contending forces, where the explosion of population growth, the rise of the middle class in developing nations around the globe, coupled with the exponential depletion of finite resources, have cumulatively coalesced to an incandescent compromise of character crisis?  Does the lack of everything mean that we can spare no more for others, or provide assistance in the event of need?

As for the spare tire issue, the fact is that modern technology has extended the wear of tires, and many people have lost the knowledge or skill to use a jack or a lug wrench.  This, combined with fear of scams and roadside robberies, in conjunction with the durability of today’s tires, has resulted in the widespread consequence of calls for help defined as a cellphone dial for professional roadside assistance.  Further, society has deemed that any caricature of a ‘damsel in distress’ is tainted with a misogynist attitude; and we certainly would never want to be charged with an ‘ism’ at the cost of helping another.  And of spare change?

Homelessness has been relegated to either a non-existent phenomenon until a different political tide rolls in, or has otherwise been linguistically redefined as an alternative lifestyle.  What remains, then, is our spare time — which we have no more of, despite the constant drumbeat to the contrary that the aggregate of modern technology is always supposed to ‘save us time’.  Isn’t that what we are told each time a new gadget is foisted upon us?  That it will save time so that we have more time for greater and more important things — like politicians who suddenly leave office or fail to seek another term in order to spend “more time” with family.  Right.

The fact is that we are left with very little of anything, anymore, other than to stare vacuously into the fluorescent chambers of computer screens and smartphone apps.  Yet, spare time, spare tires and spare change — while apparently mere arbitrary anachronisms of antiquity, alas, fading into the dim light of change itself — reflects a community of sharing now lost as art was once a defined form.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal positional duties, the idea of sparing a person a break, has gone the way of other spare things.  Neither the Federal agency nor the U.S. Postal Service has any spare time to spare anything, anymore, and certainly no more than the rest of society can spare.

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, can be likened to the spare tire in the back of the trunk, which is always there but forgotten but for the time of crisis or need.  When the Federal or Postal worker can no longer perform one or more of the essential elements of one’s positional duties with the Federal agency or the U.S. Postal Service, then preparing an effective Federal Disability Retirement application to OPM is like getting out that spare tire.

The problem is, as most people have lost the skill to use the ‘other’ implements hidden beside the spare tire — like the jack and the lug wrench — so the proverbial roadside assistance may be required.  As for spare change and spare time?  Pockets are a requirement for the former, and future fashion will determine the necessity of an antiquated design, as will inflation and online banking for the need of coins or paper money at all; and as for the latter, we are told that we have more of that than ever before; just not enough to spare for others.

Sincerely,

Robert R. McGill, Esquire