FERS Disability Retirement Application: Denials

They come in various forms; of self-denials representing a sacrifice in order to allow loved ones to reap the benefits; of denials meant to avoid the ugliness of reality; or of denials which prevent a person from entering a premises, advancing in a career or progressing in an endeavor.  Of whatever form or content, they leave the denied applicant a sense of disappointment, a temporary state of suspension and often a profound feeling of uncertainty.

Does one “give up” when a denial occurs?  Or, does one find an alternate route, a way to rebut and with a reenergized sense of purpose?

To be denied is to be defeated for a time; to be defeated is to give up entirely; but to avoid the finality of defeat, one must regroup and counterattack, in whatever form that may take.

For Federal employees and U.S. Postal workers who suffer from a medical condition and who have been forced to file for FERS Disability Retirement benefits through the U.S. Office of Personnel Management by necessity of an unwanted medical condition — a denial from the U.S. Office of Personnel Management is not the proverbial “end of the road”.  Rather, it is simply the beginning of the fight.  Who said that life’s pathways are easy?

Although OPM often makes it sound “as if” you never stood a chance, that your case was flawed to begin with or that there was never any validity to the claims you have made, that is simply their opinion on the matter.  What matters is whether your case has merit, and the merit of a case depends upon the laws governing FERS Disability Retirement Law.

Consult with an attorney who specializes in Federal Disability Retirement Law, and don’t let a denial automatically lead to a defeat; for, there is a reason why Federal Disability Retirement allows for various stages of appeals — precisely because a denial by OPM is not the end of the matter, but merely a beginning to the fight which must ensue.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Yesterday’s sorrow

Yesterday’s sorrow may not be able to be put aside today, or even tomorrow; but yesterday’s sorrow may be today’s, or of the morrow if left unattended to.

Sorrow can take many forms; of the weight of anxiety and worry; of a traumatic event or occurrence; of news of a tragedy that touches one’s soul to the core; and if left unattended, or ignored or otherwise bifurcated, truncated or misplaced in the everyday hullabaloo of life’s travails that become lost in desiccated splices of yesterday’s memories, they can nevertheless remain with us in the subconscious arenas that become tomorrow’s paralysis.

Life is tough; loneliness in life becomes the daily routine of daily sorrow; and even when surrounded by family, so-called friends and acquaintances and even of spouse and children, the sense of being alone in the world can be overwhelming.  Who can understand, let alone sympathize, with one’s sorrows of yesterday when today’s trials cannot be conquered?  And who can fathom the contests yet to be met when we can barely handle the residue and crumbs of yesterday’s sorrow?

Yet, we all recognize that yesterday’s sorrow will be today’s shadow of haunting victuals, and even of tomorrows feast for beasts who prey upon the meals left unfinished; and yet we must persevere, with each day leaving some leftovers and allowing for the garbage heap to become more and more full, until one day the garbage we left in our lives spills over into a raging delirium of uncontrollable fright.

Yesterday’s sorrow is today’s mirror of what tomorrow may bring if left unreflected in the image of how we view ourselves.

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 duties, yesterday’s sorrows may be the medical conditions themselves which have become a chronic and unrelenting obstacles to today’s victory, and of the morrow’s fulfillment.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the best course of action in attending to yesterday’s sorrows, lest they become today’s burden and tomorrow’s nightmare.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Distant lights dimming

How can distant lights dim when they are mere specks upon a blanketed panorama of darkness?

One looks up at the stars and we are told, of course, that the sparkling tapestry may contain those which are already vanished, and what we “see”are merely the residue of a dead or dying star.  In a universe based upon a visual-centered arena, the reliance upon sight to establish facts and verify truth-statements cannot be avoided.

That was Berkeley’s problem, as well — and one which he deftly avoided by re-defining the definition of existence by tying it inextricably with “perception”, including visual, auditory and tactile means.  Much later, and after a series of devastating criticisms launched at the entirety of empiricist tendencies that some would counter artificially manufactured unnecessary philosophical problems (but isn’t that the “fun” of philosophy — to always be left with more problems to solve than the day before?) which haunts us to this very day, Wittgenstein came along and waved aside such conundrums by relegating all such issues to mere problems of linguistic confusion.

Thus was reality divorced from the language we use to describe the phenomena that surrounds us, leaving science left standing as the Last Man and the primacy of philosophy relegated to the dusty shelves of Medieval Times.  Distant lights dimming?  No more a problem than the campfire dilemma — for, do we say that because we cannot precisely pinpoint the demarcation between light and darkness at the periphery of a glowing campfire, that therefore no campfire exists at all?  Of course not!

It is thus not the result of the physical objectivity of the world around us that confuses, but the inadequacy of language that confounds.  Yet, as Man must communicate by means of language and operate effectively within the objective world, so the development of various “language games” must by necessity evolve into greater heights of absurdity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts upon the reality of the “objective” world — entrance and introduction into the binary universe of language games and the greater world at large must also, by necessity, come together in the form of preparing, formulating and filing an effective OPM Disability Retirement application.

You have the medical condition; the medical condition is impacting your ability and capacity to continue in your present position as a Federal employee or U.S. Postal worker.  Such a medical condition may necessitate filing for Federal Disability Retirement — but understand that submitting a “paper presentation” to the U.S. Office of Personnel Management, whether you as the Federal or Postal employee under FERS, CSRS or CSRS Offset, requires an adequacy of language that must go beyond the reality of the medical condition itself.

And like the distant lights dimming, what actually “is” may be divorced from the language which must be carefully chosen and transcribed, lest such inadequacy fails to describe and delineate the reality of the medical condition from which you suffer.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: The pecking order

Watching birds fly and cavort around a bird-feeder, one realizes that the term as applied to human conduct is not too far from the reality of the natural order of things.  There is, indeed, a “pecking order” in the world of birds and fowls aflight; it has to do with size, aggression, quickness and desire to survive. In other words, how birds behave is not too far afield from the way in which humans interact.

As children being thrown together in various institutions called “public schools”, we all recognize the concept of “the pecking order” – the sequence of priorities, of who dominates, which cliques attain a level of status and recognition, what is allowed and not, where one is invited to enter before or after others; it is the purest form of Darwinian natural selection, no matter what societal and cosmetic impediments and safeguards are put in place in order to engage in social engineering of one sort or another.

People think that this pecking order ends upon graduating from public school; that, somehow, release from high school ends this natural order of survival only for the fittest.  Yet, such pecking orders continue throughout – college; the military; the workplace; families.  They all require a pecking order of one kind or another, precisely because it is “natural” and the selection process is innately driven.

In the fowl world – both as “foul” and “fowl” – birds get to feed from the best and choicest sources based upon size, aggressiveness, and bravado displayed in standing one’s ground.  It is often the same with the human world of foul interactions, despite our claim to having become “civilized” and sophisticated, beyond reproach, somehow now asserting our independence and detachment from the genetically determined patterns of behavior.

More and more, however, it becomes clear that we are never exempted from the essence of our natures.  Aristotle may have asserted the grand stature of man with his rationality and capacity to cogitate, but the reality is that the ancient Greek civilization would soon become overpowered and dominated by the most basest of human instincts – of conquering by might and strength.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to manifest, to reveal, to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, it becomes clear that the old “pecking order” approach again will dominate.

Federal agencies and the Postal Service will assert its cold dominance and indifference to the weak of this world, and weakness is never shown with greater vulnerability than when one must admit that he or she suffers from a medical condition.  Just as the fowls begin to take advantage of shown weaknesses in the pecking order of Darwinian natural, so Federal Agencies and U.S. Postal facilities show no remorse in treating their workers who show weakness with cruelty and aggressive lack of empathy.

Filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management is an aggressive step to “fight back” against the rise of the pecking order that is, unfortunately, an inevitable consequences of who we are and continue to be.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement Systems: The sacristan

There was once such a job.  Now, of course, the closest we can come to it is forever hidden in the secrecy of our own private lives.  For, there is nothing sacred, anymore, and everything private has been allowed to be revealed in the public domain of electronic declaratives.  Whether of protecting holy oils, ensuring that decretals are unblemished in their interpretation; of maintaining the decorum, orderliness and cleanliness of the altar and the implements of worship; and initiating the timeliness of church bells to call upon the loyal throng to approach with the sacraments of piety.

When did such an important position become extinguished?  How did it become an anachronism and extinction of necessity, and who made such a determination?  Was it with the conflagration of the public domain upon the private – when formerly private deeds, of the sanctity of intimacy behind closed doors reserved by those who commit themselves into a tripartite unity of matrimony?  Was it when youth allowed for the destruction of dignity and defiance of decorum and all manner of discretion, of sending through electronic means photographs of acts beyond bestiality merely for prurient interests and chitter of laughter and good times?

The sacristan is unemployed; he or she is now merely a vestige of an arcane past where holiness, purity and the sacred have been sacrificed upon the altar of inconvenience and guilty consciences replaced by the King of Human Folly:  Psychology.  What do we hold sacred, anymore, and behind what closed door can we find the remains of a past forever absolved?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical conditions prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, the question related to one’s own circumstances with the obsolescence of the sacristan, comes down to this:  In the course of dealing with my medical conditions, what altars of holiness have I compromised just to continue my career with the Federal agency or the U.S. Postal Service?  For, as the desecration of the public domain has increasingly harbored the sacred into the domains of private thought, so those reserved altars of inner sanctuaries concern the essence of one’s soul and the inner-held beliefs that remained forever the last vestiges of a sacred self.

Preparing, formulating and filing a Federal Disability Retirement, 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 always just a means to an end.  The means is comprised of extrication from an untenable situation; the end is to reach a plateau of life where the sacristan may be reemployed, if only within the inner sanctum of one’s own conscience.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Past wrongs obsessed over

We cognitively compartmentalize, despite the fact that life doesn’t quite work that way.  Yet, if we do not categorize, relegate by priority of issues, the mirroring of the objective universe in a parallelism of societal constructs can result in the same messiness that life itself reveals.  We certainly do not want to manage and operate a household in the same way that nature works – where events can suddenly dictate emergencies, and when life and death decisions sound alarms whenever predators lurk about.

Reaction to the immediacy of necessity is how nature must operate; such an approach, however, is not always the best way for the office worker, the architect or the laborer to engage the projects of the day.  Yet, life sometimes requires reactive discourse and engagements; we cannot always be contemplative, distant, removed from the concerns which the objective world imposes upon us.

What is the “middle ground” – that proverbial height of mediocrity which all men and women pride themselves for:  the center between the two extremes, the “compromise” position that reflects rationality and reason, where vice is never to be completely refused and virtue too alien a concept such that we relegate it to angels, madmen and those who have lost their souls for a celibate fantasy of isolation.

Then, of course, human beings have the strange capacity to obsess over past wrongs committed – either by ourselves upon others, but more likely of those which have been perpetrated upon ourselves.  Hurts and wrongs penetrated leave room for vengeance and premeditation; we are admonished and given the tools to forgive, but harboring carefully concealed slights is a delicious means of fantasizing upon wreaking revenge upon those we secretly abhor.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, part of the key to writing an effective SF 3112A – Applicant’s Statement of Disability – is to refrain from engaging past wrongs obsessed over.

Yes, the Agency or the U.S. Postal Service has “done you wrong”; yes, they have gotten away with this, that and the other things; and, yes, in a perfect world, the individuals involved and the entity perpetrating the wrongs should pay a price and justice should prevail.  But the messiness reflected in the objective world reflects an imperfect human pathology, and trying to attain a Platonic Form of Justice otherwise nonexistent, will not help you “move on” with your own life.

Better to prepare, formulate and file an effective Federal Disability Retirement application and move on so that you can focus upon your health and future, than to constantly become entrenched in past wrongs obsessed over; for, in the end, the smile of self-satisfaction should be when one’s OPM Disability Retirement application is approved, and you can wave goodbye to the messy cauldron of human detritus you are leaving behind.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Help: Caught in the world in-between

It is a purgatory of sorts; of the netherworld where twilight is a constancy of confusion, and when neither dawn nor dusk, between summer and winter, or of cognitive clarity and conundrums of confusion reach the pinnacle of an infinite maze.  Do we prefer clarity to confusion, or the light of dawn to a period “just before”, when consciousness of thought is suppressed or prevented by a darkness befalling thoughtful perspectives impeded by streams of dancing oracles upon a seamless stupor?

It is often uncertainty which tires the soul.  For, while wealth is preferable to destitution, and employment to its opposite, it is being caught “in-between” which engenders uncertainty and angst of future plans, and that is likened to a form of hell.

When a Federal employee or a U.S. Postal worker first learns of a medical condition — whether from an accident or injury on the job, or during a foray into uncharted recreational activities, it matters not for purposes of meeting the criteria for eligibility in a Federal Disability Retirement application submitted through the U.S. Office of Personnel Management — the weariness of time and the toll of uncertainty is often worse than the failure of resolution encountered through therapy, medication regimens, surgical intervention and the long delays in recuperation and rehabilitation.

It is that “waiting” which becomes the agony of life, for the questioning and incessant pondering resulting therefrom haunts the soul:  What will the future hold?  What will my job do?  What are they planning?  The “what”, the “when” and the ultimate “why” becomes a reverberating echo of repetitive songs unwavering in their monotony of questions forever unanswered.  For, it is the unanswered question and the unstated discretion of silence which makes for waiting to be just another agony of life’s challenges.

To be caught in the world “in-between”, where future plans are delayed because the present remains in a muddle of soft mush, and when past actions fail to concretize a pathway for mapping current stability, is a state of existence which is tantamount to a purgatory of eternal uncertainty.

For Federal employees and U.S. Postal workers, it is thus important to take some action and begin the process of filing for Federal OPM Disability Retirement.  Wishful thinking will not make the medical condition go away; and while hope is always a basis for future planning, one often knows early on, within the core of one’s soul, whether the injury or medical condition which prevents the Federal or Postal worker from performing the essential elements of one’s positional duties will resolve to an extent possible in order to return to full duty.

It is not knowing which is the true hell of existence; and to remain caught in the world in-between is often a choice — albeit a bad one — which is based not upon want of certainty, but enmeshed in the essence of human tragedy, when delay prevented that split-second decision that could have avoided the disaster.

Sincerely,

Robert R. McGill, Esquire