Tag Archives: agency’s actions when disabled employee declines reassignment

OPM Disability Retirement: The Zigzagging Life

Every life has a pattern.  Whether of a logical progression; a life based upon personal failures resulting from passions unresolved; one of pure selfish pursuits; another of enmity, always with a chip on one’s shoulder; or of a zigzagging life, always traversing across wide expanses of empty plateaus, never touching the same field twice.

It is like the pattern one achieves in playing the Game of Go — that Chinese conundrum of a game, adopted and perfected by the Japanese, where the pattern of white against black in dominating the territory constrained by the squares on a board — and yes, when the entire board is filled, the distinctive patterns created by the white oval pieces in contrast to the black oval pieces, reveals the pattern of a person’s life.

You can tell — read — the frustrations, passions, feelings, thoughts, emotions and even psychosis, of the players based upon the patterns created.  The one who hugs the edges; the other, attempting to dominate the middle; both, creating stoppages and attempting to subvert the two “eyes” of every pattern in order to prevent the unconquerable string of oval stones on the intersecting lines of a Go Board.

The Zigzagging Life is the one most of us lead — without logic; without purpose; but just to survive for another day, to place one more stone upon an in invisible line of intersecting — but never encountering — life of emptiness.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and who believe that his or her life in the Federal Government has come to a crossroads where the intersection of medical condition and inability to continue in the career of his or her choice in the Federal Government, you may want to contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, where the Zigzagging Life of trying to continue while knowing that your illness or disability will no longer allow you to keep going, and you have come to a point where you are considering resigning and just walking away — Don’t.

Instead, consider what a FERS Disability Retirement benefit can do for your life.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement Annuity: Words that Matter

Do words matter?  Or, are actions the sole province of a substantive discourse?

The words, “I love you” have swooned countless couples into foolishly entering into bonds which later fail; or of the promise, “Till death do us part” have been rendered meaningless by innumerable violations of infidelity and divorce.

In forming contracts, of course — even verbal ones — words make a difference.  The technical definition of complex transactions involving the transfer of money for goods; the regulatory oversights in government procurement agreements; and many others — they make a difference.

On the other hand, if a person boasts to no one in particular, or to everyone, or even to someone, that “I am going to rob a bank” — but then does nothing to initiate any actions towards that end, do the words matter at all?  Or, a person who sits and declares to himself, “I will get up and make some scrambled eggs in a minute”, and states this refrain 10 times a day but never gets up to cook the eggs, and doesn’t even have any eggs in the refrigerator — do those words “matter”?

And what do we mean by “matter”?  Does it by necessity imply some consequential effect from a cause which is motivated by intention?

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 words that matter are those which are formulated to effectively persuade the U.S. Office of Personnel Management to grant you your Federal Disability Retirement application.

In order for that to occur, contact and consult with an OPM Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and begin the process of formulating the words which matter.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Confidence games

We all know (or, by a certain age or stature of wisdom, should know) about the psychology behind the scam:  Of gaining one’s confidence by first including one into a select group of people who are “in the know”.

There are two primary senses to the word, aren’t there?  The first being a sense or feeling of self-assurance, as in, “He is very confident in his own abilities.”  The second, and somewhat connected, is the definition pertaining to a relationship of trust and reliance, where there exists or builds upon a sense of camaraderie and intimacy, as in: “He brought me into his confidence.”  In both cases, there develops a relationship of bonded certainty, whether in one’s self or in the connection between two or more individuals.

Thus, the “confidence” games encompass those activities or endeavors that build upon a relationship based upon trust, and engender the hapless victim to possess a sense of self-assurance that what he or she is giving up is of sacrificial value because the trust relied upon has been built on a foundation of friendship, relationships entrusted, and a shared affinity of intimacy exclusive of others.

Thus does the classic confidence game begin in a parking lot where a a cache of money is found and you are roped into becoming a select group within a conspiracy of two, or maybe three, and you are asked to put up a “deposit” of trust — then, when it is all over, you open the bag of money that you were left holding, only to find that it was merely a bundle of newspaper clippings.  Or, of more complex pyramid schemes, ranging from the simple to the incomprehensible, ending up sometimes like Bernie Madoff’s decades-long game of roping in even the most sophisticated of unweary investors.

But then, aren’t we all conditioned from a very early age to believe that “confidence” games are acceptable, and that we get on through life’s difficulties by acting a part?  Don’t we teach kids to “act self-confident”, be self-assured and walk with your head held high and play the “as if” game — as if you know what you are doing; as if you are the best qualified; as if you can have it all?

That is often the veneer we put on, and how thin the veil of confidence can be, only to be shattered like the delicate china that give off the clink-clink of refinement until the first fissure begins to show, then shatters upon the hardness of the world.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job — it may be that your self-confidence is beginning to wear off.  As the Federal Agency or the Postal Service steps up its campaign of harassment and intimidation, the Federal or Postal worker has to deal with a double-problem:  The profound fatigue from the medical condition itself (which impacts one’s sense of self-assurance) and concurrently, the loss of self-confidence as one realizes that one’s physical or cognitive capacity to continue in the chosen career is beginning to wane.

We all play the “confidence game” — that of going through life winging it and hoping that no one else notices; but at times, when the “real game” of life suddenly imposes its presence upon us, it is time to become “real”.

For the Federal employee or Postal worker who must face a real-life crisis of confidence because of a medical condition, 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, so that the focus of one’s efforts can be redirected upon the greater importance of one’s health and well-being, as opposed to being drawn into the parking lot schemes of further confidence games.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Authentication

There is a process and means by which it is accomplished — as in authenticating a painting or an antique piece of furniture, jewelry, etc.; of an autograph or handwritten letter (although, many will say that in the field of forensic sciences, handwritten analysis is far from reaching a vaunted level of precision or reliability); of a pet’s pedigree or even of a person’s right to have access to sensitive information, etc.

Authentication is thus a process of verification, of identifying X as being Not-Y in many instances, where exclusion by elimination of other possibilities results in the declaration of the genuineness of the person or thing declared to be so.

When applied to an object, it inspects and compares against other objects within a historical context, style, peculiar features of an artisan’s eccentricities, period-characteristics and signature features, etc.  When applied to an individual, it may take into account physical features as well (appearance; finger prints; voice matching; DNA sample, etc.), but could also encompass questions posed and answers given, and depending upon the comparison to known archives of historical background checks made against statements previously provided, deem that an “authentication” has been reached concerning the “true” identity of an individual, akin to declaring that a painting previously unverified is in fact a product of this or that “Master”, or that an antique furniture piece was the craftsmanship of some famous cabinetmaker during the Jeffersonian Renaissance period or from some pop-culture minimalist timeframe during the early Sixties, etc.

The process of “authentication”, of course, can be distinguished from whether or not an individual is living an “authentic life”, as well, and here, the meanings become somewhat muddled and divided.  One can be “authenticated” and be allowed access to sensitive banking information, be allowed to use a credit card, write a check, etc., and still live an inauthentic life (e.g., act like someone you are not, present yourself as a “family man” despite all the while committing multiple affairs; live a double or triple or even a quadruple life and deceive everyone around, etc.).

The process in reaching a conclusion as to whether a person is living an authentic or inauthentic life is somewhat different from “authenticating” a person.  For, to engage in the former analysis, it is normally done for the most part as a self-analysis (i.e., only the person who is living an inauthentic life can know for certain whether it is so or not), whereas the methodology imposed of “authenticating” a period-piece or an individual (the latter) is by applying a more objective standard of comparative review.

For the Federal or Postal employee who is suffering from a medical condition, where the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the dual issues of “authentication” and “authentic living” come to the fore, precisely because the Federal or Postal employee becomes forced into behaving in rather inauthentic ways.

Hiding the medical condition; trying desperately to work through the debilitating symptoms and maintaining an appearance of normalcy; and all the while trying to force a consistency between one’s capacity and the watchful eyes of the Federal Agency or the Postal Service — these are the elements that challenge the authenticity of one’s life.

Living an authentic life under normal circumstances is difficult enough; trying to authenticate one’s capacity to continue “as is” in the face of a progressively deteriorating medical condition makes it all the more challenging.  It may be that 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, is the only way forward in forging an authentic pathway away from an inauthentic morass that the medical condition has forced upon you.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: The constant pruner

Without the constancy of the activity, the growth itself saps the life within and extends to expend energy that ultimately reacts with a self-immolation that harms itself.  Pruning is a necessary activity to lop off the unnecessary; otherwise, the diseased branches and the weakened limbs rob from the underlying life that needs less in order to live more.

Limbs that have weakened and are dying; the weak extensions that are yet strong enough to cling on as useless appendages that refuse to break and crack despite the winds of storms that test and weed out; and in clinging, deplete the sap of life that must still run its course through to the end of each.  The constant pruner knows that less is more; that by lopping off and ending the dependencies, the life that remains will be extended all the more.

So much of the world reflects the same approach; history is a constant pruner, of importance, significance, relevance and of what remains within the consciousness of a living society.  Bodies need pruning; or, at least, a refinement and readjustment, just in order to survive.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, there is a reflective duality in the act of pruning: for the Federal agency or the U.S. Postal Service, they may look upon you as that useless appendage that must be pruned, leading to a systematic campaign of pressuring you to either resign (self-prune) or terminate (a third party act).

For the Federal or Postal employee, the steps necessary for “pruning” can involve:  Resignation; Filing a Federal disability retirement application; or just “staying put” — which, in the end, is an inactive, passive way of self-pruning, anyway, because it will ultimately lead to one of the first two, in the end.  The question is: Do you want the agency or the Postal Service to do the pruning, or do it yourself?

In order 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 employee is under FERS, CSRS or CSRS Offset, it is necessary to first take out the metaphorical “shears” by consulting with an experienced attorney who specializes in the law of Federal Disability Retirement.

That is the beginning of becoming the constant pruner — to first learn, then to proceed, lest you lop something off that should not have been.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from the Office of Personnel Management: The soul’s net worth

What is one’s sole net worth?  In a written format, the distinction between the two concepts are quite obvious; but if in a verbal exchange, would we be able to catch that subtle distinction of nonexistent intonation?  For, the exchange of the vowel “u” in the middle of the word for an “e” attached to the tail alters the meaning of the query, does it not?

From an evaluation of one’s singular calculation – of taking the gross amounts of estimated value of possessions and purchases and subtracting outstanding debts, etc., and accounting for one’s sole net worth – not taking into consideration one’s spouse’s inheritance or assets predictably to be acquired – to a theological analysis of a particular person’s essence, is quite a modification in the very context of substantive investigations.

How do we determine the latter?  Can “assets” be exchanged for “good deeds” and “debts” for “sins committed”?  Or must we be restricted to such a theological paradigm based upon traditional perspectives of Western conventional values?

Instead, why not transform the soul’s acquired possessions for “those deeds which have advanced mankind’s happiness” and the debited side of the ledger calculated by the diminution of joys snatched and by the pounds of flesh extracted, the cups of tears compelled and the scars left for eternity’s judgment?  And, if there is to be a consequence to follow, a bifurcation between paradise and hell, a mansion with many rooms or a shanty for the mendicant, then the dervish that seeks may yet account for past deeds if the good intent revealed later in life may vanquish those miscreant motives once unfulfilled in the early days of youthful vigor.

Yet, can a soul’s net worth indeed be calculated in terms of a sole net value?  Can we use the identical mathematical method in determining such a vaunted essence of Man’s substantive Being?  If the answer is ‘no’, then why is it done each and every day, not only by others, but surely by you and I?

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, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, does not the Federal Agency or the U.S. Postal Service calculate the soul’s net worth in that very manner as a determination of his or her sole net value?

That is, in essence, what a denial of a requested accommodation constitutes; it is what a judgment of termination can be deemed as, and it is precisely what is done when workplace harassment and increasing pressures to “get rid” of the Federal employee or U.S. Postal worker – all of these are means of determining the soul’s net worth by the vehicle of an accounting method tantamount to the sole net value of a person.

The sad thing is, like gods, angels and unicorns held in the fancy of a child’s palm, such a calculation is not only a sin, but a travesty reflecting the darkness of our times, and but for preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, the shooting of the unicorn would occur even more frequently while ignoring the pleading cries of a child’s trembling advocacy.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The complexity of human experience

We take for granted much, and dismiss with careless appreciation the residue of crumbs begotten.  The idiom that refers to the final straw which breaks a camel’s back — why does the foreign species have an impact upon a culture which is unfamiliar with such a beast of burden?  Is it that, despite the images produced against the background of pyramids and pharaohs of a bygone civilization, the essence and theme of the proverbial statement resonates, whether replaced by a horse, a donkey or an ox?

The idea that tolerance to, and capacity for, a seemingly limitless weight of workplace bombardment, whether in translated terms of physical endurance or cognitive stress, is encapsulated by that transcendent cultural expression that there is, indeed, an invisible boundary of and for the human experience.

It is complex; the physical deterioration can presumably be witnessed because of the appearance exhibited; but it is the inner psyche and psychological harm, over untold times and lacking of precision of limit, which tests the stress points of fractures barely visible and likely detrimental.  Stress fractures may be subtle and sometimes inconsequential; but the incremental aggregation if left unreinforced will refuse to withstand an eternity of disrepair.

The complexity of human experience begins with the narrative carried by childhood memories; advances in fits and starts during the “difficult” period of transition from innocence to adulthood; and becomes cemented within the casement of early independence, where the spectrum and balance between love and hate, idealism and cynicism, and a mixture of hope denied by reality, coalesce to form the compendium of what the essence of a person becomes.

On that journey of filling the narrative, some become tested by greater or lesser traumas; and whether one ascribes “fault” to actions which result in consequences otherwise foreseeable, the reality is that those experiences encountered mold the character of the human narrative exposed.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may cut short one’s career in the Federal sector or the U.S. Postal Service, it is the complexity of the human experience which preceded that moment of realization that a medical condition may prevent the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties, which will determine the future course of actions and lay the groundwork for a brighter tomorrow.

Whether under FERS, CSRS or CSRS Offset, the central point of idioms which transcend time, cultures and limitations of perspectives in modernity, is that we refuse to become relegated to a mere statistical footnote by allowing for that last straw which breaks the camel’s back, and instead insist upon allowing for that beast of burden to survive another day, if only to impart some wisdom to a world which no longer recognizes the complexity of human experience.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Affirmation, Affiliation and Affectation

But for the middle syllable (the extra “ta” in the word), it is what people strive for; and like the thief in the night who leaves behind earthen footprints of his twilight misdeeds, the insertion of that additional combination of a consonant and vowel turns the meaning of the word upon its head, and leaves us with an artificial prose devoid of poetry and warmth.

The middle term is a favorite of sociologists and other “soft” sciences where anthropological studies determined the course of serious studies or of mere pretentiousness of purpose; associations, initiation into phi beta whatever and epsilon in uppercase or lunate form, characterizes the human need to belong, despite our contrary assertions and protestations that man, machine and a wagging dog’s tail are enough in this world of virtual reality where communication is accomplished primarily through pushing a button via glowing faces of blank pages and fluorescent screens.

As for the first in the tripartite series of syllabic partnerships, it is that inner essence which the child in all of us seeks, but which Dickens, Salinger and Capote all cried out for lack thereof, and depleted their souls in the course of searching for that which was never lost, rarely to be found, and tenuously held by a mere thread of hope and longing.

It is funny how much time we waste upon past hurts.  Most such narratives deserve, at best, a single night at a bar, a few sobs, and perhaps the generosity of the proprietor giving the gift of a free beer; and then it is time to move on with life.  Some stories, of horrors unimaginable but for the telling in quiet whispers in bedrooms locked, but then those who survive such tales are often the very ones with impeccable and impenetrable fortitude, and they don’t need the free drink anyway, leaving aside the heaving sobs and a momentary sympathetic ear.

Narratives are important for people to carry about; like manuscripts hoping to be discovered, we cherish them in binders of protective combativeness.

For Federal employees and U.S. Postal workers who have managed to cull together multiple years of survivorship despite the thickets of affectations imparted by so many elements of narcissistic behaviors, it is in the end the true affiliations which come to the fore when a crisis erupts.

If the singular sob-story told at the corner pub was not enough to replace that lack of affirmation wanted and desired for as a child, and throughout your career you have striven to replace it by becoming lost in work, career and sheer busy-ness, then the sudden loss of that coalescence of unending activity can indeed have a traumatic impact.

If a medical condition interrupts that innocent search, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal positional duties, then it becomes necessary to consider 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.

But in doing so, just remember that, while the process of separating away from a career which engulfed so much of your time and energy may be an emotional turmoil of sorts, especially because of the wide affiliations garnered over those many years, it is the medical condition itself which must be first and foremost in contending with the crisis, and not the affectation of coworkers who suddenly show their true selves and gather like a pack of predators ready to pounce, no more than the affirmation you may have wanted from a bureaucracy which, in the end, cares not for your narrative, other than the effective one you must write for the U.S. Office of Personnel Management in order to win an approval for your Federal Disability Retirement application.

In the end, all stories are told and forgotten at the corner pub of our hearts, in the fading suds of a beer gone stale, only to be retold by the next patron of the establishment where the jukebox fades with a selection of a song yet to be sung.

Sincerely,

Robert R. McGill, Esquire

 

OPM Federal Medical Retirement Help: Paroxysm of Fate or Faith

Of the former, it forces us within that fitful slice of time to endure the determined events beyond our control; and as to the latter, it does almost the very opposite:  it grants us a reprieve of sorts, and draws us into the delusional universe of believing without cause.  Causation is indeed the harbinger of validity and scientific accountability; whether and by what means the short-lived fit of revelatory insight occurs, the paroxysmal opening of one’s eyes to the reality of a matter can result in truth unveiled, or falsehood concealed.

We tend to live life like that; one moment, we sigh and throw up our hands to the gods of determinism and complain that we have no control over whence we came, the essence of our present being, and where the journey will take us; and in the very next instant, we fervently believe that if only we were to make our urgent pleas more loudly known, our very belief would impart the causation of a cold and impervious universe to move mountains and shift the tectonic forces of nature’s aplomb.

Man — that animal half caught between instinct and rationality, betwixt carnivorous vengeance and civility with a clink of teacups; yet, subject to the whims of gods and determinism.

Medical conditions will often exacerbate that tendency towards the extreme of one side of the spectrum or the other; tendencies tend to magnify when the human condition deteriorates.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact and influence the ability and capacity of the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal positional duties, it is important to maintain an equilibrium of sorts.

Medical conditions, by their very nature, will often skew the linear reality of a situation, and therefore it becomes important to seek out advice, counsel and wisdom in determining the best course of actions to undertake for securing one’s future and stability.

Federal and Postal employees, whether under FERS, CSRS or CSRS Offset, need to take care not to allow themselves to wither and bend by the vicious winds blown thoughtlessly by the Federal agency or the U.S. Postal Service, and instead to retain that balance of foresight, between the paroxysm of fate and that of faith, and instead to partake in the essence of the angels above, and not the imprints of our animalistic past, in preparing an effective Federal Disability Retirement application for submission to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire