Federal & Postal Disability Retirement Representation: Forgotten

Is that the basis of our fears?  Does the concept of immortality haunt us precisely because we fear extinguishment, erasure, censure and being forgotten within a moment’s notice beyond the short mention in a local paper’s obituary?  Is that not, instead, the normal course of events — the way in which this non-teleological universe meant it to be — of returning to dust from whence we came, and become regenerated through the soil that embraces our ashes and decomposed flesh so that the genetic materials become recycled by the very foods we digest?

Mortality is that which men fear; becoming immortal is the goal of many; but being forgotten is the fear realized in the lives of most.  What difference, in the end, does it make?

We project an image through the creative imagination of our own psyche, and create images of a time beyond our own demise — of a weeping widow (or widower); children speaking in hushed tones of a person who was but is no longer around; and in our inkling of what it will be like, we posit our own consciousness by being present in a room that acknowledges our own absence.  Is that what sweet revenge is like — of imagining all sorts of regrets by those who shunned us, humiliated and ignored us when we were in their presence in life?

To be forgotten is to regret our own insignificance, and to constantly be haunted by one’s own irrelevance.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the issue of being forgotten becomes a reality quite quickly and soon in the process of deteriorating health and use of sick leave or going on FMLA.

For, Federal agencies and the Postal Service are quite adept at forgetting — forgetting the years of loyalty shown by the Federal or Postal employee; forgetting the years of service, unpaid overtime and those “extra” hours put in but left uncompensated but for unrealized hopes of future considerations that never come about; forgetting the contributions of yesterday because today and tomorrow are all that matters to the Federal agency or Postal Service; and it is when the word “forgetting” in the present participle transforms into the past participle of “forgotten” that we finally come to realize that health is of greater importance than loyalty; and that is when the recognition that preparing, formulating and filing for Federal Disability Retirement benefits, to be filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the best defense against a bureaucracy that has easily forgotten the essence of human worth and dignity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Holidays and weekends

It is often a difficult time for many, if not impossible for most.  Holidays represent the heightened requirement of gaiety and relaxedness (is that even a word?), where people get together, families gather and children run while without knowing the underlying reason, if only to reinforce the belief that had already been in place from the previous year – that holidays and weekends are a stressful time.

There is the familiar refrain: “Oh, the weekend is coming up!”  To which the afterthought by the grump always reminds: “And Monday always follows.”  Similarly, with holidays, the anticipation is often better than the reality: “Oh, the joyous holidays!”  And yet…  For many, if not most, it is a time of greater stress, of needing to get together with obligatory family members, and especially with those whom one doesn’t even care for.  Exacerbating the situation is often an underlying medical condition.

For Federal employees and U.S. Postal workers, the vicious cycle may be the weekends that are used to merely recuperate in order to survive during the work week.  Thus, instead of enjoying, relaxing, “doing things”, tinkering, etc., the weekend becomes a haven and refuge to regain just enough strength or rest the aching body in order to get through the grueling week of work.  Similarly, holidays become merely an extension of a weekend, and a 3-day weekend is just a longer excuse to hide away and lick one’s wounds.

For Federal employees and U.S. Postal workers who suffer from a psychiatric condition, including Major Depression, Anxiety, PTSD, panic attacks, agoraphobia, Bipolar Disorder, etc., holidays and weekends can further deepen the heightened reality of anxiety and depression, as the stress of the holidays themselves and the anticipation of what follows after a weekend can become magnified beyond comprehension and tolerance.

Consider preparing and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management; for, if holidays and weekends have become a tumultuous time of overwhelming pain and despondency, and not the interlude to be enjoyed and become excited about, then it may be time to consider that the impact of the medical condition upon one’s ability and capacity to perform the essential elements of one’s Federal or Postal job is the underlying reason why the medical condition itself is worsening.

Holidays and weekends are not meant to be exclusively lived for; they are supposed to be mere intermissions where the rest of the week as well is looked forward to.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Cherishing those small pleasures of life

Perhaps it is reading quietly by a crackling fireside; or playing fetch with the dog; or that moment of peaceful quietude just before sleep overwhelms; those moments, where worries of the world and daily living expenses intrude not, and time remains frozen just long enough to allow for an interlude of soundless music.

There have always been pleasures in life; we often overlook them, take them for granted, or merely avoid recognition, lest an identification of it as such would mark them for extinguishment by those imaginary goblins of demonic demolition set out to destroy all remaining vestiges and residues of joy and comfort.

There is a catch, however, which is more real than we realize:  beyond the daily problems of modernity, where the tripartite concerns of relationships, money and career consume us with daily worries, the consideration of one’s medical condition is something never regarded until it hits home.

Being pain-free; unable to escape the progressive debilitation and deterioration of one’s body and acuity of mind; the exhausting, consuming nature of medical conditions — they destroy the capacity to cherish those small pleasures of life.  For, the irony of impediment disrupting the reserves of things which cost nothing, cannot be overlooked.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the impeding medical conditions prevent the Federal and Postal worker from performing the essential elements of one’s Federal or Postal positional duties, the exponential magnification of those minor reserves of pleasurable moments becomes all the greater in proportionality with the deterioration of one’s health.

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, becomes all the more important in order to reverse course and retain that small pool of lost ground.

We often dismiss those small pleasures of life because they cost nothing, and regard with greater focus the things which are unattainable because of their higher monetary value — until that day when pain and purposeless debilitation takes away even those priceless and valueless pleasures.

Filing for OPM Disability Retirement benefits secures the foundational necessities of life, and returns to us far more than a mere annuity; it allows for the Federal and Postal employee to cherish those small pleasures of life, by returning to the Land of Oz where fantasies abounded, and imagination enjoyed, like the fading laughter of the child within who lost his or her way down the winding corridors of a past unfulfilled.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Flavor of Our Times

Each generation has a flavor of the times — that obscure and fuzzy sense of “something” beyond which one cannot quite describe, but nevertheless leaves a distinctive aftertaste that remains and cannot be washed away.  Hypocrisy may come close to identifying it — of saying one thing, meaning another; of using words and virtual reality in order to conceal the true motive and intentions.  We see it in our politicians, in newspapers and neighborly barbecues; as truth is not the sought-after goal, and as relativism and the capacity to perform linguistic gymnastics at every turn of words, so the natural consequence of our deeds should not surprise us.  We claim empathy, but act indifferently; we teach our kids grandiose belief-systems, then act surprised when rebellion monitors the day.

For Federal employees and U.S. Postal workers, the stark reality of what they hear as the “official” pronouncement of one’s agency, as opposed to the practical and day-to-day occurrence and action in “real time”, is like the echoing chasm of a hollow pit which reverberates with each unintelligible sound.  All of the rules and regulations promulgated for public consumption about protecting the rights of disabled Federal employees sound like collected baseball cards reserved for showing off to guests who are gullible enough to gasp with excitement over items of dubious value; but it is the “behind-the-scenes” reality of how individuals treat each other, which tells the true story of shame, deceit and indifference.

For Federal employees and U.S. Postal workers who have a medical condition, such that the medical condition prevents him or her from performing one or more of the essential elements of one’s positional duties, the gap between declared public policy and the reality of that insular shame, is a daily recognition of man’s inhumanity to his or her fellow man or woman.  Federal employees and U.S. Postal Service workers experience this violation daily.  That is why opting to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the best, only, and remaining self-preservation option, to secure one’s future and to separate from Federal Service with a semblance of dignity.

Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, allows for the Federal or Postal employee to obtain a base annuity, then go into the private sector and begin to pursue a second, or third, vocation of choice.  It is not an abandonment of one’s principles, nor a retreat from one’s beliefs. That was already accomplished years ago, when the flavor of our times became the official stance of an uncaring system which betrayed the dedicated Federal or Postal employee merely because of a medical condition beyond one’s control.

Sincerely,

Robert R. McGill, Esquire

Levels of Argumentation in OPM Disability Retirement

In a perfect universe, logic should prevail and the superior argument would be identified, recognized and accepted.  In a less-than-perfect universe (the state in which we unfortunately find ourselves), pragmatic factors involving power, authority, competency and non-substantive, peripheral issues must always be considered, and incorporated accordingly.  In the “unofficial rules” of argumentative methodology, three elements must be present:  (A) The ability and capacity to recognize a superior argument, (B) the willingness to concede one’s own inferiority of the proffer, and (C) acceptance of one in replacement of the other, which is to admit and submit.

In modernity, however, loudness and persistence, even without a basis in systematic logic, will often prevail, and one need not accede to a different position so long as ownership of the microphone or loudspeaker is never contested.  Which brings us to the pragmatic realities of the Federal Disability Retirement application, and the denials issued by the U.S. Office of Personnel Management.  First, it is important to recognize that all denials of Federal Disability Retirement applications by OPM “sound like” they are based upon “the law”.  They are meant to appear that way.  But are they?  If read too carefully, the internal inconsistencies, the lack of logic, and the repetitive nature of declarative conclusions without any supporting methodological argumentation will be quite evident.

How should one approach and rebut such a decision?  Does each and every point brought out by the “administrative specialist” need to be addressed, or just the “main points“?  Should the rebuttal arguments form the basis of the step-following the Reconsideration Stage of the process of attempting to obtain Federal Disability Retirement benefits — the U.S. Merit Systems Protection Board?  Are there any repercussions for not addressing each of the “points” delineated in a denial by OPM?

These, and many other questions, should be addressed by a Federal lawyer who is experienced in handling OPM Medical Retirement applications through the U.S. Office of Personnel Management.  For, as some Federal or Postal employees attempt to begin the process of filing for Federal Disability Retirement benefits without the aid, guidance, counsel and assistance of an OPM Disability attorney, when a denial of the Initial Stage is received from OPM, more extensive analysis and “corrective” efforts may be required.

And those three elements of argumentative methodologies discussed herein, are they relevant to the process?  Perhaps.  But OPM is a powerful and large bureaucracy which holds the future security of Federal and Postal employees in their hands, and a denial by OPM must be taken seriously, both in substantive form and qualitative content.

Sincerely,

Robert R. McGill, Esquire