Legal Representation OPM Disability Retirement: A good turn

At what point does a “good” turn transform into a negative?  Can one help so much so that dependency becomes the habit and negates the “goodness” that was once always a part of the deed?  Isn’t “going to work” a “good” thing?  When does it turn bad?  Is there ever a point where the quality of X becomes diluted so much so by the quantitative increase of the primary identifying ingredient of X to where the essence of X becomes negative-X because of too much X within X?  Can there be, in the simplest of terms, too much goodness where goodness itself turns bad because of the overwhelming goodness involved?  Why is it that the following syllogism doesn’t quite work, and where is the fallacy involved?

Water is a necessary component for life
Life requires water in abundance in order to survive
Therefore, the more water, the greater abundance of life

But we all know that consuming too much water can kill a person.  And, isn’t that the complaint that we have in almost all aspects of living — that we come back to Aristotle’s essential wisdom that there is a “mean” or a “middle ground” of moderation where the extremes on either sides — neither too much nor too little — is the balance in the life that one should always strive for.

That is the basic component of happiness reduced to its pure essentials: of the porridge that is neither too hot nor too cold, but “just right”; of leisure time that relaxes but doesn’t rob from sustained periods of productivity; of a nap that satisfies but doesn’t make one groggy; and of entertainment that borders just to the edge of credibility but stays within the boundaries of allowing one to suspend disbelief, such that one can enjoy it without sighing, turning to a loved one and declaring, “That just isn’t believable.”

But where technology comes into our lives, perhaps we have come to a saturation point where we no longer believe that the “next new innovation” is going to save us any more time or enhance the quality of our lives anymore than the last version of our Smart Phone give us the promise of nirvana that we all stand in long lines to attain.  And so the question again turns full circle: When does a “good” turn into a negative?

For Federal employees and U.S. Postal workers whose medical conditions have come to a point where it prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal position, the vicious circularity of the circumstances makes it into a paradigm where a good turns into a negative: Coming to work exacerbates the medical condition; the stress of being unable to perform the full essential elements of the Federal or Postal job further increases the stress; the Agency or the Postal facility begins to turn upon the Federal or Postal employee; and the job itself — once one of the many “good” things in life — now becomes a detriment and a negative.

It is then time to consider preparing, formulating and filing a Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, and thus turning that which was once a “good” but had transformed into a negative, back into a good turn.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Being another

When you read that some actor, writer, politician or commentator (dare we ask why, in a single sentence, all of them have been lumped side by side) says X or does Y, we often allow our own ego as the “one-upsmanship” to overtake us, and we imagine that, if we were there, we would have said “XX” instead of “X”, or done “YY” instead of the mere “Y”.

At the moment, though we rarely recognize the egocentric reality of what we are doing, we actually “become” that actor, that writer, that politician or that commentator, and assume the role and identity of the person we have replaced in our mind’s eye.  Insanity, of course, comes about when a further step is taken — of believing not what we “would” have done or said, but incontrovertibly becoming that someone whom we are not.

The quantity of time expended within the insularity of our lives is astounding; and the personal — albeit creative and imaginative — excursions into another type of virtual reality consumes a greater part of each day, every hour and multiple minutes of our disjointed lives.  Perhaps this occurs in a quick flash of a stream of passing thoughts; or a long, enduring daydream that recurs through the day, the week, and over a month’s time; but of whatever duration, being another is something that we all do, and always at the expense one’s own ego and those who are close to us.

Being another also occurs in hopeful encounters with our own circumstances.  We imagine that we are ourselves, but also another who is simultaneously identical and yet different.  That is what a medical condition does — it divides the reality of who we are today from the memory of who we were yesterday, and further projects a person of what will become of us in the future, near or far.  Often, emotions become entangled in the images of who we are, and so regret pervades the past, anxiety overwhelms the present, and fear pursues the future.

Medical conditions tend to inject a factor that we have no control over, and it is that loss of control, combined with who we see ourselves as, and who we would rather be or become, that presents a dilemma: As circumstances change, can we continue to remain who we are and allow for being another — the “other” being the person who we once were — to continue as if such changes of circumstances never occurred?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has “changed” a person to the extent that he or she is now “another” — someone not quite dissimilar to yesterday’s you but also not identical to today’s yesterday of the person we just met — because of circumstances beyond one’s control, it may be time to do that which only another in a different time and distinguishing context may have contemplated: 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.

The reality is that we are never the same as who we were yesterday, and last year’s child of imaginative “being another” has grown into the “other” that was once imagined.

In the end, the essence of who we are will not have changed because of a medical condition, and what we do in life beyond filing for and obtaining a Federal Disability Retirement is more important than feeling self-pity for not having fulfilled one’s desire for being another, who was yesterday’s another in a different role from today’s another or tomorrow’s another.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: Trust

Is it by actions followed by words, or by mere words spoken that it develops, solidifies and concretizes? Can we really go by appearances alone, or must there be a history of words followed by actions, followed further by assurances, then again by more actions, until a sense of comfort and solidarity of feeling comes together to form an aggregate whole where we declare within our inner consciences, “Yes, I trust him (her)”?

Trust is a peculiar human emotion –for, it is an emotion, in the end, is it not?

Not quite like smiling or crying; not nearly a cousin to a shriek or a wail; but more akin to a calm, a peace of mind or a self-satisfying sigh.  Once earned, it can last a lifetime and beyond into off-springs and surviving relatives; once betrayed, it may be that it can never be restored, no matter how many apologies, the innumerable “make-up” actions and the irrelevancy of gifts galore.  For, how can you restore that which was meant to be inviolable?

If a spouse cheats once, will the suspicion of another time ever disappear?  If a person abandons his or her post and absconds in the middle of the night, does that not hint to a character flaw that he or she can and likely will do the same thing again?  Would an embezzler be invited to be employed as the head treasurer once accused, convicted and imprisoned?  Can trust shaken once ever be regained?

For Federal employees and U.S. Postal workers who are considering 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, the issue of trust will need to be met head-on at some point.

When should the Agency be told of one’s intentions to file for Federal Disability Retirement benefits?  Who should be told and who will be the one to tell?  How will confidential issues – gleaned from medical records and the Applicant’s Statement of Disability – be handled, and by whom and by which prying eyes?  Should the issue of confidentiality be magnified, be concerned over, and which employees actually have a “right to know” concerning all such issues?

These and many other legal entanglements constitute the encompassing purview of a Federal Disability Retirement application, and for answers to these complex questions, queries should be made in consultation with an expert in the field of Federal Disability Retirement Law.  For, in the end, it is the lawyer who is the advisor and counselor who gains the trust of the client through his experience, specialty and knowledge of the law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The expected party

It is the emptiness and void of what could have been, or even should have been; of regrets untold and remorse unuttered.

Whether for a special celebration marking a person’s birthday or an event of magnified relevance; or a turning point in a person’s life – of a 10th anniversary, exceeding expectations of mortality, in waiting, or perhaps a common achievement by others in everyday living but for handicaps and disabilities that make it challenging to meet; whatever the event, the party never thrown for it magnifies a negation of recognition, and like a pinprick into the heart and soul of a person’s life, it deflates the very essence of joy.

“Oh, it would have been nice to—” but the person is gone, and hears not the sudden want and desire of recognition.  “It’s too bad we didn’t get together and—” except that the inaction following the time of relevance has long passed, and it is such actions which derive the sincerity of words spoken, otherwise mere empty vessels of utterances without meaning or purpose.

Most can justify and minimize, and instead replace such statements of regretful remorse with offensive parries, as in:  “Oh, she wouldn’t have appreciated it, anyway”, or the kicker – “He didn’t like those things.”  But that is not the point.  The party never thrown is not merely a negation of recognition earned, but a window into the heart of those who never truly cared in the first place.

Words are cheap and can be bandied about and flaunted endlessly without consequence of actions; but the negation of that which should have been, and could have been initiated but for want of selfless endeavor, is a missing slice of life that can never be replaced.  That is, unfortunately, what is often left behind during the process of preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The recognition of past contributions is suddenly no more; that party which “might” have been considered, is no longer; and suddenly the ‘golden boy or girl’ who could do no wrong, is the pariah, the dead-weight in the office, and the continuing drag upon the agency’s mission.

Whether the agency or the U.S. Postal Service will ‘support’ the Federal or Postal worker’s Federal Disability Retirement application, and the unstated or concealed reasons for such support – to ‘get rid’ of the dead-weight, as opposed to showing some empathy; or to have that position filled by someone ‘more productive‘, is beside the point.

It matters not the why or even the ‘if’; for, whatever the underlying reasoning, don’t expect to received that recognition you once never sought but always seemed to get.  For, in the end, the Federal or Postal employee filing for Federal Disability Retirement benefits, to be submitted through one’s agency, then on to the U.S. Office of Personnel Management, will know one’s ‘true friends’ and sincere coworkers, by the party never thrown.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The party never thrown

It is the emptiness and void of what could have been, or even should have been; of regrets untold and remorse unuttered.

Whether for a special celebration marking a person’s birthday or an event of magnified relevance; or a turning point in a person’s life – of a 10th anniversary, exceeding expectations of mortality, in waiting, or perhaps a common achievement by others in everyday living but for handicaps and disabilities that make it challenging to meet; whatever the event, the party never thrown for it magnifies a negation of recognition, and like a pinprick into the heart and soul of a person’s life, it deflates the very essence of joy.

“Oh, it would have been nice to—” but the person is gone, and hears not the sudden want and desire of recognition.  “It’s too bad we didn’t get together and—” except that the inaction following the time of relevance has long passed, and it is such actions which derive the sincerity of words spoken, otherwise mere empty vessels of utterances without meaning or purpose.

Most can justify and minimize, and instead replace such statements of regretful remorse with offensive parries, as in:  “Oh, she wouldn’t have appreciated it, anyway”, or the kicker – “He didn’t like those things.”  But that is not the point.  The party never thrown is not merely a negation of recognition earned, but a window into the heart of those who never truly cared in the first place.

Words are cheap and can be bandied about and flaunted endlessly without consequence of actions; but the negation of that which should have been, and could have been initiated but for want of selfless endeavor, is a missing slice of life that can never be replaced.  That is, unfortunately, what is often left behind during the process of preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The recognition of past contributions is suddenly no more; that party which “might” have been considered, is no longer; and suddenly the ‘golden boy or girl’ who could do no wrong, is the pariah, the dead-weight in the office, and the continuing drag upon the agency’s mission.

Whether the agency or the U.S. Postal Service will ‘support’ the Federal or Postal worker’s Federal Disability Retirement application, and the unstated or concealed reasons for such support – to ‘get rid’ of the dead-weight, as opposed to showing some empathy; or to have that position filled by someone ‘more productive‘, is beside the point.

It matters not the why or even the ‘if’; for, whatever the underlying reasoning, don’t expect to received that recognition you once never sought but always seemed to get.  For, in the end, the Federal or Postal employee filing for Federal Disability Retirement benefits, to be submitted through one’s agency, then on to the U.S. Office of Personnel Management, will know one’s ‘true friends’ and sincere coworkers, by the party never thrown.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: And then we die

(It is the parenthetical previous statement that ultimately matters, left blank to be completed, and never to be presumed).  Actions of finality, or seemingly so, tend to create an aura of despair and angst.  Once, in a world where purpose was never questioned, and the teleological end of man never brought forth the hint of doubt, the cohesiveness of society’s resolve was never a pause.  It is the modernity of hesitation, trepidation and loss of judgment that brings us to the pit of incessant questioning, as opposed to “doing”.  This is a maddening world, where the rise of Existentialism and post-modern impotence leaves us to seek therapy at every turn.

What we do in our lives before that terminal event; what dreams we once possessed before the souring of cynicism overwhelmed us; and of those lazy summer nights when the dancing illumination of fireflies dotted the canvas of a blackened void, when thoughts would drift beyond the mere mediocrities of present lives, current circumstances and seemingly unassailable realities which constrained, restricted and limited the dreams shattered by the reality of our travails; it was then that a glimmer of hope, an expectation of possibility, and a hint of potentiality yet unrealized, would creep into the essence of our souls.

Fairytales matter, because youth cannot survive another day without some fantasy of hope; and doors left unopened and locked with the resolve of “forever” will only diminish and destroy, where the need for tomorrow yet shouts in a rashness of desire.  To shut the pathway to dreams or to construct obstacles for the mere sake of obstruction is to strangle that parenthetical gleam of light yet unextinguished and to betray the angels who look down upon us with the remnants of wings to be unfurled, in hopes of fluttering to pass by with a smile.

Perhaps, one day, there will still be such follies to believe in.  For now, there is only the toil of daily grind, and thus are we left with the question implicit in the statement:  And then we die.

In Muriel Barbery’s work, The Elegance of the Hedgehog, a youthful life of advantage but of seeming meaninglessness is traded with an older woman’s upward trajectory once lost in the anonymity of class distinctions, and the theme throughout encompasses the essence of a life’s worth.  We all want to embrace meaning and value in the life which has been given; have we fulfilled our potential?  Did the dreams we once possessed, handed to us like jewels on a plate of limitless infinity, become realized, or was it a wasted phantasm like a handful of sand squeezed and escaping through the crevices of our closed fists?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the questions garnered by thoughts of future insecurity are natural and plentiful.  It is, in many ways, similar to the refrain repeated herein:  And then we die.

Once a Federal Disability Retirement application is approved, and the Federal or Postal employee is separated from the Federal agency or the U.S. Postal Service, one wonders:  Was my work of any lasting value?  Did I leave an imprint upon the shifting sands of a prior existence?  Did I make a difference?

But those questions should be cast aside and left behind, and instead, it is still the future of one’s unfinished work that should always be focused upon, and preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is to continue the narrative in working upon that familiar refrain, that the future still promises a fulfillment of unfinished potentiality, and the unmarked grave need not be one which is unvisited even in the twilight of our lives.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Language of Choice

There are certainly other “languages” for conveying information, including (but not limited to):  foreign, other than English (but in this cosmopolitan world, where technology has made such barriers a moot point, it becomes almost provincial to speak of one’s native tongue); body; emotive; forms, including written or oral; other body, such as facial; coded; and others not listed here.  The choice of language one uses, is often determined by the context and circumstance mandated for various reasons, not the least of which would be the efficacy of the option taken.

For Federal employees and U.S. Postal workers who have, for many years, had to endure the “language” of hostility from one’s Federal agency or U.S. Postal Service, it is perhaps a self-evident point that it is the “written” form of language which must be opted for in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.  But it is not the obviousness of the issue which one must accept; rather, it is in the very transition from one’s milieu to filing with another bureaucracy which must be directly recognized and altered.

There is a natural tendency for the mistreated Federal and Postal worker filing for Federal Disability Retirement benefits, to react to another bureaucracy and administrative process (OPM) in a similar vein as one is used to because of the mistreatment for so many years.  But one must mentally transition from the reactive methodology of the Federal agency or the U.S. Postal Service which one has become accustomed to, and approach the U.S. Office of Personnel Management in a different light.

As such, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one word of caveat:  let the foreign language of professionalism prevail, and approach OPM with a singular focus of linguistic content which sets aside all of those wasted years of workplace harassment and hostility one may have experienced in a previous life, and adopt the language of choice — of an effective OPM Disability Retirement application devoid of the garbage of past malice.

Sincerely,

Robert R. McGill, Esquire