OPM Medical Retirement Attorney: The Cauldron of One’s Past

The oversized iron pot hangs over the open fire, and the gurgling of ingredients steams and burps the lid in predictable sequences of rhythmic timing; the aroma is an admixture of sweet and mysterious combinations of one knows-not-what; perhaps of bones, marrow and herbs, here a whiff of something which touches upon the dark recesses of one’s memory, and there a hint of harboring horrors, reminding us of past deeds and loathsome reminiscences.

The figure who stands hunched over the source of pervading uprisings, is covered in a dark shawl; a bony hand gripping the large wooden ladle, mixing, turning, crouching over to sniff and taste; and from the chasm of the figure’s hollow mouth, toothless and echoing a chamber of snorting chafes, the sigh of satisfaction emits, as the cauldron of one’s past is ready to be served.  And so the story goes.

Who among us would want the fullness of one’s past and history of deeds to be revealed?  What pot would hold the full taste of one’s misdeeds, private concerns and actions engaged?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, the process itself sometimes feels like one is forced to partake of a witch’s brew — who will be in the mix?  What private information will have to be revealed?  When will the pot of information be ready?  Who will mix the ingredients?  The mysteries contained within the mixture of the witch’s brew is indeed terrifying.  Every process which is unknown and, moreover, unknowable, is one fraught with concerns and trepidation of purpose.

For Federal and Postal employees under FERS, CSRS or CSRS Offset, the decision to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is like the witch’s cauldron — it must bring to the fore one’s current circumstances (the medical condition), the impact upon the future (finances, future job prospects, etc.), and potentially the confrontation with one’s past (agencies love to do that).

The key is to understand the complexities of the administrative process, and to maneuver through the bureaucracy of the witch’s brew.  In doing that, one must always be cognizant of the cauldron of one’s past, and keep out of the reach and grasp of those bony fingers which reach out to encircle one’s throat, lest you become an ingredient in the admixture of the skeletons found at the bottom of the pot.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Crumbling Walls of Professional Conduct

The aged bemoan of modernity; youth view the present as merely fodder for change and future potential; and caught in between, somewhere in the netherworld of inertia, those inconsequential individuals relegated to the irrelevant category of “middle age”, who must stand by and witness the slow and progressive destruction of the past, the deterioration of cohesiveness of the future, and the present infirmity of impotence.

Medical conditions are funny animals; because they are personal in nature, the revelation of such private matters tends to scare people, because the emergence of such confidential conveyance violates the unspoken walls of professional distance; but for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the performance of one or more of the essential elements of one’s positional duties in the Federal sector or the U.S. Postal Service, it is often necessary to provide some component of one’s medical condition in order to ascertain and establish the extent of needed accommodations — for purposes of filing for FMLA, to take needed SL or LWOP, or to counter allegations of misconduct or violation of “leave policy”, etc.

Within the greater context of life, there is a sense there the walls of professional conduct which once protected privacy concerns and acceptable behaviors, are crumbling in modernity.  Anything and everything goes; there is no normative constraint, anymore, because the demarcation between private and professional have disappeared.

The same is true when applied to the administrative process of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The entire bureaucratic process engenders privacy concerns because of the sensitive nature of the information which must be submitted.  But those are merely “side issues” which should be placed in their proper perspective; for, in the end, when the final wave of goodbye is motioned, and one has obtained an approval from OPM in order to exit with a Federal Disability Retirement annuity, the crumbling walls of professional conduct as revealed by one’s agency or the U.S. Postal Service will be but a far echo of past misdeeds, as one walks out into the future of a brighter tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Lawyer: Life’s Series of Decisions

As activity is the fingerprint of life, and inertia denotes death (or at least a somnolence of sluggishness), so the parallelism between thought and life follows the logic of movement versus progressive decomposition.  Thinking, according to Aristotelian tradition, constitutes the essence of human-ness.  Other species may have characteristics which define and distinguish; for the human animal, it is the process of thinking, or thought-engagement, which differentiates and identifies by uniqueness of quality.  Part of that cognitive process involves decision-making.

For all species, this cannot be the essence of being, because such a principle applies to every genus, lest we conclude that determinism is ingrained in one’s DNA.  Predators must decide when and upon what the advantage of a chase will result; frogs must affirmatively choose when to snap that elongated tongue in the split second of time to satisfy its appetite; and men and women must resolve issues short of confrontations engaged in a prior state of nature, to confirm that civilization is indeed a progression of culture and sophistication, and not based upon brute force.

The underlying principles, then, which distinguishes human decision-making from other species, must be some other component; perhaps that of the formulation of a paradigmatic criteria upon which an option is considered.

In the process of thoughtful decision-making, what criteria do we apply?  For Federal employees and U.S. Postal workers who are considering filing for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the criteria-based paradigm of choice-making may be limited:  You can remain within the inertia of present circumstances; you can walk away in order to “save” your health, while also partly engaging in the first option (i.e., change into the inertia of a different set of circumstances); or, you can file for Federal OPM Disability Retirement benefits.

If the third alternative is the one opted for, then a series of additional questions and answers must be posed and resolved:  How many years of Federal Service; how long will the process take; what are the chances of success; will my doctor support me in this endeavor; and multiple other queries.  For some of these, further research and investigation will provide the answers; for others, seeking legal counsel, expert advice and general wisdom of experience will be helpful.

In the end, inertia should be disengaged, as lifelessness should never define the essence of a living being; and the thoughtless void which modern society and technological dominance tends to cower us all into, should be pushed back and resisted, like the days of yore of Masada and other uprisings which manifest the destiny of humanity, that life on any planet, Mars or Earth, is indeed a rarity even among a plenitude of apparent activity.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for the Federal or Postal Employee: Character Questions

Questioning one’s character occurs in multiple guises, by subtle and overt means, through self-reflection and conspiracies of consorts; one can question through self-reflection, when an intended result falls short of expectations; one can do it to others, when that which was promised was unfulfilled; or, we can do it out of sheer meanness, when rumors and unverifiable gossip can eat away at the fabric of one’s unprotected persona and self-image.

The offense of questioning one’s character is grave, indeed, and the responsiveness of reactionary rectitude is often tied to the sensitivity of one’s self-image, the reputation one holds within a given community, and the sense that one must maintain and control the opinions of others.  Indeed, in this world of Facebook and rampant, unconstrained and un-restrainable opinions thrown about throughout the ethereal universe of the Internet, the questioning of one’s character is something which must be responded to with a callous disregard.

For Federal employees and U.S. Postal workers who must contend with a hostile work environment when a medical condition begins to impact one’s ability to perform all of the essential elements of one’s job, the issue of character questioning falls to the forefront without notice, without warning, and without a capacity to quickly respond.  Suddenly,  those years and decades of dedicated service are open to questioning; what one did in the past counts for naught; what one is currently doing is discounted because it falls short of coworkers’ expectations because of the enormous contributions of the past, which now account for little; and what is anticipated for the future is set aside, as one becomes a nobody in a universe which only takes into account the present actions and current accolades.

The fact that a medical condition is the culprit of one’s diminished professional capacity means little; and as the agency rarely reveals any underlying capability for empathy, the choices become limited: filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is often the best and most viable option. Federal Disability Retirement is a means to an end:  the means requires that the Federal or Postal employee attains a level of security such that the medical condition itself can be the primary focus; the end is for the Federal or Postal employee to remain productive for the future, and to utilize the talents and as-yet-unrealized contributions to society for the many years to come.

Character questioning is a game of sorts, and one which empty souls and superficial artifices of valueless individuals engage in; the question itself should never involve a self-reflection of doubt based upon the invalid criticism of others, but the forthright confidence of the Federal or Postal employee who still has many years of valuable contributions left, in a society which screams for character.

Sincerely,

Robert R. McGill, Esquire

 

The Self-Image of a Postal or Federal Employee after a Disabling Injury or Other Medical Condition

Thurber’s Walter Mitty is not an anomaly; each of us carries a fiction within our insular souls, of lives extended into a world of fantasy, trespassing between daydreams and thoughts of heroic deeds beyond the mundane routines of daily living.  Perhaps there are those in the world whose lives are so adventure-filled that such retinues of alternative parallelism within universes of imaginations becomes unnecessary; but that is a rarity, as human beings are partly unique because of the creative outreach beyond the present circumstances of life.

It is only when such creative imaginations directly encounter and contradict the reality of life; where one begins to imagine beyond the imagination, and talk and act “as if” the virtual reality constitutes the real reality, that problems can occur.   The fragile demarcation between sanity and insanity may be arbitrarily imposed by an unforgiving society, but it is a boundary wide enough to entrap the unwary.  Medical conditions have a tendency to stretch that line.  Whether because of the stresses encountered in this age of modernity and technological complexity; or perhaps the inability to adapt, where evolutionary tools have not been able to keep up with the pace of change; whatever the reasons, medical conditions force the facing of reality, the starkness of our mortality, and the need for change.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the primary need is often the time of recuperation.  But the unforgiving nature of Federal agencies and the U.S. Postal Service will often refuse to grant that necessary time in order to reach a plateau of recovery.  Federal Disability Retirement benefits, filed through one’s agency (if you are still on the rolls of the agency, or have been separated but not more than 31 days has passed) and ultimately to the U.S. Office of Personnel Management, is a means to an end.

Often, one thinks of “disability retirement” as an end in and of itself; but because Federal Disability Retirement allows for, and implicitly encourages, the Federal and Postal worker to consider employment opportunities outside of the Federal Sector after securing Federal Medical Retirement benefits, it should instead by seen as an intermediate component of one’s life.

Making a living is a challenge enough; the loss of one’s self-image through the impact of a medical condition can be a devastating interruption to the challenge; but for the Federal and Postal employee who can secure a Federal Disability Retirement benefit, the interruption can be seen as a mere interlude, for greater opportunities extending into the future, and thereby allow from the daydreams of Walter Mitty to be enjoyed as mere reflections of pleasure, instead of wishful swan songs of a closing chapter as the curtain descends upon the epilogue of one’s life.

Sincerely,

Robert R. McGill, Esquire