Attorney for Federal Disability Retirement Claims: The Whisper of Discontent

Seasons come and go; it is one of those ponderous “throw-away” lines that people utter without much thought, somewhat akin to the customary “hello, how are you” declarative that is stated without a pause as the speaker rushes quickly past without waiting for an answer.

Yes, and there are also winters of discontent — borrowed from the line in Shakespeare’s Richard III, and also, by happenstance, the title of the last novel by John Steinbeck; but more often, it is the whispers of discontent that prevail more pervasively, for “discontent” is not necessarily a lasting emotion, or even one that endures for a season; rather, it is whispered precisely because of its fluctuating characteristic.

We whisper it because we know that, like seasons and emotions, time may heal and further time will alter it; and others may whisper it because the fleeting nature of it may not stand the test of objectivity.  And when the whispers of discontent turn and become the louder shouts of adversity, we often failed to listen carefully and instead ignored the voices that forewarned of foreboding toils.

Medical conditions have a tendency to provide such preludes, as well.  One often knows well before a doctor tells us, whether and to what extent the chronicity and severity of the condition foretells; and whether and to what extent the impact upon one’s Federal or Postal career will be.

The law concerning Federal Disability Retirement requires that the medical condition must “last at least 12 months” — but that does not mean that one must endure a 12-month period of suffering before filing a Federal Disability Retirement application; rather, that the treating doctor or medical provider must provide a prognosis that the medical condition will last, at a minimum, that length of time.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the whisper of discontent comes about with the realization that the medical condition suffered is impacting upon one’s career by preventing the Federal or Postal employee from performing one or more of the essential elements of one’s job.

Although seasons do indeed come and go, and there may well be winters of discontent, the Federal or Postal employee who hears one’s Federal Agency or the Postal Service whisper utterances of discontent, may deem it advisable to begin to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, before such whispers become a winter of discontent where the avalanche of a proposed removal becomes initiated.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer for Federal Disability Retirement claims: Fact and opinion

These days, the distinction between the two has been almost completely lost.  One must qualify such a statement with “almost”, only because there may still be minority bastions and pockets of hope still holding out that the madness prevailing will someday be overcome.

Somehow, the lines bifurcating the distinction that once were so obvious became obscured, until suddenly it was no longer a matter of just blurry lines, but the lines themselves had disappeared, and no one spoke as if there was a difference to be had.  Facts were confirmed and established “somethings” in either the objective world or of tradition-laden statements that we could all agree upon; opinions were various interpretations of those commonly-accepted facts, interspersed with the subjective content that often prefaced with, “It is my opinion that…”.

We have now discarded even the prefatory admonition, now, because it has become an unnecessary addendum; since there are no longer any facts, and everyone is privileged to hold an opinion, we go ahead and speak not facts because our opinion holds out just as well, thank you very much.

Where did it all begin?  Was it because Plato made too much about the difference between reality and appearance — so much so that he was forced to manufacture his conceptual fiction of ethereal “Forms” that itself became so problematic?  Or was it with Descartes, where certainty of one’s own existence became relegated to the subjective “I”, and so it was bound to become a muddle as more and more philosophers came to realize that, like Russell’s muse about language and the destruction of the traditional correspondence theory of truth, statements made could not so easily be identified as either fact or opinion.

It becomes much more problematic when statutory, reputation, education and logical methodology are altogether discarded and made irrelevant, and so we come back full circle in questioning ourselves, the categorizations we have imposed, and how to get beyond the conundrum of modernity’s own making.

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 job or Postal position, the question concerning “fact or opinion” is an important one, because the weaving of one into the other is queried in Standard Form 3112A, Applicant’s Statement of Disability.

How one’s answers are formulated and presented; whether they can be verified, established, “backed up with facts” as opposed to being left as mere subjective opinions — are all bundled up and contained within the questions asked, and how you will be answering them.

Fortunately, there is still remaining an approach and methodology of presenting facts as facts, and setting aside opinions and interpretations of the facts, and in 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, it is important to recognize the difference still, and be cautious in completing SF 3112A in light of modernity’s obsessional disorientation on the difference between fact and opinion.

Just the facts, as stated by my opinion.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement from Federal Employment: Diaphanous characters

Like garments left little for the imagination, the thin veil we wear rarely conceals the warts and freckles which spread throughout the malignancy of our souls.  People often mistake and confuse Christendom’s barring of an impure taint from entering the gates of its exclusive club; it is not what you did, but that you did it, and refused to take the steps to expiate the uncleanliness.

Thus, from the perspective unsoiled whiteness, a speck will blemish whether the dimensions of the spot are quantifiable or not.  That is why we dress ourselves with something, or anything, thinking that behind the veil — despite its translucent and revelatory insubstantiality — will somehow provide a semblance of security in an otherwise brutal world of appearances even for lack of subtlety.  And it is with that diaphanous character — the one which allows for surface niceties, inane salutations and barely restrained disdain for one another — that we pursue our own interests, determine the selfish destiny of fated lives, and consider not the greater interests of a community no longer existing but for suburban neighborhoods lined with pristine lawns sanctified by an immaculate insensitivity for disregard of each other’s needs.

No, the character remains whatever the cosmetic superficiality we attempt to apply; and when we put too much make-up on, or inadvertently smear the eye-liner or lipstick of incommensurate measures, there will be waiting that one who is only too pleased to point it out.

And, any such veneer of empathy quickly dissipates once there is weakness revealed — as with Federal employees and U.S. Postal workers who fail to perform one or more of the essential elements of the Federal or Postal position, resulting from a medical condition which clearly impacts the ability and capacity to fulfill the positional requirements.  Such Federal employees and Postal workers, whether under FERS, CSRS or CSRS Offset, have the choice of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, and indeed, this is often the best remaining alternative to embrace.

For, the greater society which proceeds obliviously beyond the troubles experienced by a next door neighbor otherwise unknown but for an occasional wave of the hand, nod of the chin or silent stares of impassivity as the roar of the lawnmower eviscerates the quietude of a summer’s day, merely reflects what occurs daily in the hallways and corners of offices throughout the microcosmic insignificance of what we do daily; we become mean, and only on the deathbeds of sudden conversions do we consider the consequences of our actions.

No, the diaphanous character which we pass by each day needs to be left alone, and for the Federal employee and U.S. Postal worker who experiences daily the subtle hints and not-so-subtle warnings of harassment and intimidation merely because a medical condition prevents the Federal or Postal worker from performing all of the essential elements of the Federal or Postal job, it is time to shake off the trepidation of life’s cold waters, and dive into the next phase which awaits you, like a lake of welcoming freshness with open arms revealing that childhood dream on the lazy elbows of a memory once forgotten, but still remembered with the voice which beckons in a whisper, “There is still a life beyond.”

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Dickens, Salinger & Capote

It is always dangerous to offer an overview of complexity; simplicity of explanation often teeters upon the precipice of superficiality, and when it comes to the psychology of people, we normally get it wrong.  Yet, we can try.

For Dickens, the childhood experiences of destitution and humble beginnings allowed for a magnification of love for humanity borne of cruelty in childhood.  In Salinger, we see the pent-up destruction of a young man whose anguish was molded through sights, sounds and experiences devastated by war.  And of Capote, we glean the lasting scars of rejection, first with minor cuts and burns by the divorce of his parents, then deeper in being bounced about by relatives, only to stab him with disappointment when his childhood friend, Harper Lee, received the accolades and universal love he sought so passionately, needed beyond all others, but never felt but for the loss of that which he could not embrace.

The life experiences each encountered reflected, in the end, upon the exhibition of an inner soul:  Dickens continued to provide the public with readings of characters forever loved, and embraced the sea of admiration which was the source of his limitless imaginations, borne of a world which tried to contain him with a system of caste and class.

Salinger retreated more and more into the insular world of his own safe web of privacy and secrecy, having concluded that the world was not to be trusted, that phoniness lurked in every man’s soul, and the horrors witnessed at the hands of war and concentration camps were evidence enough to deny others anything remaining.

And for Capote — we may sum it up in the cruel but crisp truism upon his death, by fellow author Gore Vidal, who quipped that it was a “good career move”.  Acting ever the fool with drunkenness and debauchery, the public destruction of a talent so extraordinary was a painful sight to witness.

Can we learn anything from these paragons of talent?  Or, are such characters merely of our own creations, snickering at the fact that, even where seemingly boundless talent exists and opportunities reflect limitless choices, self-destruction nevertheless becomes the teleology of choice.  At a minimum, they reveal to us the complexity of human essence, and that what people react to on the outside barely scratches the surface of what remains within.

And this is the same for Federal employees and U.S. Postal workers who are harassed and intimidated in the workplace, when a medical condition results in the necessity 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.  For, the coworkers, managers and supervisors who treat the Federal or Postal worker as nothing more than a nuisance through loss of productivity, fails to address the core value of the individual suffering at the hands of consequences not chosen through self-destructive behavior, but merely because of fate of circumstances.

The key for the Federal and Postal worker both, is to choose a path which refuses to submit to self-immolation resulting from the negative experiences at the hands of others; rather, to embrace the love of others as Dickens did, and not retreat into the insular retardation of life as Salinger proposed, or the reverberating echoes made by the empty bottle of alcohol, drowning in later life as Capote consumed, shuddering with the laughter of others and snickering for want of fools in his diminishing stature, ever losing the love which he sought so selfishly.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Time Travel

H.G. Wells touched upon our imaginations in 1895 with his novel, The Time Machine, and ever since, the concept itself has been accepted within the cultural milieu of ideas incandescent.  Mathematicians find it as a challenge to decipher; astronomy, an idea to ponder; astrophysicists, a vehicle to revitalize the despair of incomprehension; but for poets and prophets, it is the fodder for creativity and imaginations to become unfettered by want of belief.

What child (or adult) does not ponder the mysteries of the universe by means of a device to enter a future yet unknown or a past replete with narrated stories of pirates, heroism and grandeur consumed, but awaiting the entrance of a character unhistorical, as Roman legions march the sands of timeless deserts where echoes of unknown characters appear to suddenly participate in the making of events yet blank upon the slate of unwritten participles.

But too few of us recognize that time travel was always being accomplished; the author merely confirmed that which was already done.  For, in our wanderings and imaginations in minds traveling afar, the daydreamer thus reached beyond the constraints of physical presence.

Whether an occurrence in objective reality, or the indistinct touch within the creativity of a limitless mind, the difference was never noticed by the child of laughter or the boy lost in wonder.  And for the adult who must daily make decisions upon a cauldron of reality and harshness of unenviable encounters?  While never as the pleasantries of a child lost in the world of make-believe, the pondering of future courses of action and the consideration of past consequences must always be deliberated by everyone who engages the world of modernity.

Thus, for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates the Federal and Postal employee to consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, consideration must be granted to the time machine and time travel by means of coordinating what past actions have occurred (e.g., the medical condition), the current milieu (i.e., the actions of the Agency or the U.S. Postal Service concerning the ongoing status of the Federal and Postal employee), and the future plans (filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset).

Thus, without knowing it, time travel was always something which the Federal and Postal employee engaged in; and never just within the province of childhood dreams left to the plodding monotony of brave acts unrecorded, or the samurai who refused to unsheathe his sword for fear of death and loss of honor, it is indeed the Federal and Postal employee who must consider filing for OPM Disability Retirement benefits and must engage time travel and press the complex levers of an unfathomable machine — that bureaucracy of depthless administrative morass one must enter, to prepare, formulate and file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The reservoir of vitriol

Do you ever wonder at the seemingly inexhaustible volume of time people spend on expending and expiating their reserve of malice, hatred and sheer meanness of being?  Time and energy spent on gossiping about others; of planning conspiratorial devices to undermine fellow coworkers, or to initiate harassing administrative sanctions and bureaucratic snafus in order to make life tougher, more miserable and uncomfortable for someone else.

More modern cars have a warning indicator informing the driver that the low fuel has resulting in the use of the “reserve tank”; for those whose carelessness can result with inaction ad infinitum, perhaps the depletion of such should require a further reservoir, and on and on — except for the impracticality of finding room for further gas tanks.   Ultimately, it all amounts to the same source, doesn’t it?  Whether you call it a “reserve tank” or from the primary one, depletion results from the aggregate of all, and the warning is merely a reminder to the clueless, and an excuse to nudge.

Similarly, at what point does a reservoir for vitriol need a warning indictor to light up for the source of such malice?  Or is human nature such that his or her depth of evil is irrepressible, and possesses an infinite chasm of depravity?

For Federal employees and U.S. Postal workers who have suffered at the hands of an agency or the U.S. Postal Service, through harassment, intimidation and sheer vitriol, and merely because the Federal or Postal employee has committed the crime of suffering from a medical condition and therefore is unable to perform one or more of the essential elements of one’s Federal or Postal positional duties, it is time to consider the innate nature of human malice, and determine whether it is even worth staying in an environment and atmosphere of negative returns.

Yes, careers are important, but at what cost?  Of course financial certainty provides a semblance of comfort, but to what end?  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, is a step not just to “get away”, but further, to reach for a goal in which health and human sacrifice are not exclusive possessions of the Federal agency or the U.S. Postal Service.  Understand the essence of human depravity; the reservoir of vitriol is inexhaustible, and just when you thought it couldn’t get any worse, the malice of man is only beginning.

Sincerely,

Robert R. McGill, Esquire