Federal Disability Retirement: Circumstances and choices

When is it too late to begin reflecting upon one’s circumstances and choices?  Do we already do that daily, and does the length of rumination engaged depend upon where one’s station in life has reached? Do old men and squeaky rocking chairs justify such reflective modes of behavior, or do the young as well take the time to ponder upon choices made, circumstances encountered, and the spectrum of clashes in between?

Do we formulate a fauna of false representations of ourselves, and depict upon the screen of a mind’s inner movie of the “self” with edited versions so that, when queried, we can make those “bad mistakes” of past choices appear to fit into circumstances where we can innocently declare, “I had no other choice!”?  We “make the bed we lie in”; suffer from the “messes we make of our lives”; or of what other adage or declarative falsehoods may we come up with to excuse our own choices in life’s travail of valleys full of mournful echoes?

Circumstances often dictate the choices we make; or, at least the metaphor of “dictation” leads us to believe.  For, the very idea of “X dictates Y” as in the previous statement, “Circumstances dictate the choices we make”, removes us of the responsibility in making the choice, by making it appear as if the choice made is not really a choice at all, but merely an action that is necessitated and you are therefore merely an unwilling agent.

What is lost in such discourse, of course, is the lengthy history of sub-choices previously presented and ignored, where choices that could have been made before circumstances became so dire that the narrowing of alternatives dissipated until a crisis point came to the fore — that is where circumstances and choices require careful analysis before the alternative juncture of varying pathways disappear.

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, whether under FERS, CSRS or CSRS Offset, it is important to early on recognize the circumstances unfolding and the choices presented, before the multitude of “forks in the road” begin to disappear, and life’s circumstances begin to impose — not binary choices — but choices that begin to dictate.

Preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management may not seem like a choice that one wants to undertake, but it is often the circumstances that one has no control over that dictates the future course of choices, and not the choices themselves.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The waiting room

We have all experienced the psychology of the cursed “waiting room” — that place which is assigned as the “intermediate” lull, like purgatory for the virtuous-to-be, where they think that by making you believe that you have now been chosen to wait in a separately sequestered area, your patience will become refreshed and you will allow for another lengthy wait.  The psychologists have it all figured out, don’t they?

First, you are left to wait with the “rest of them”; then, your name is called, and you leave those who have been waiting just as long, or some even longer, with a smug smile, thinking to yourself, “Whew, finally!”  But that sense of relief is short-lived, for it becomes clear that the room you have been lead into is merely another surreal suspension of reality’s cruel viciousness — for, this is merely an intermediate form of torture: The Waiting Room, where the real wait begins.

Somehow, the psychologists have figured out through studies conducted that patients, clients, potential customers, etc., will tolerate quite a bit of waiting so long as there is an “interlude” between waiting periods.  So, say you are at first forced into a queue with a group of others — the studies have revealed that 20 – 30 minutes is the maximum before agitation begins to manifest itself, unless you are “selected” and sequestered into a separate queue where your tolerance for a further waiting period can begin anew.

Of course, in reality, nothing has changed — it is simply that your waiting has been transferred from one area to another.  Can this occur multiple times?

Apparently, the studies have shown that, yes, so long as the logistics of the waiting period have been altered — as in, say, after 20 minutes for the 2nd waiting queue, a nurse walks in, looks at you and places a folder into the filing basket attached to the door.  Somehow, that momentary interruption focuses the waiting individual that your time is approaching, that we have not forgotten about you, and you will soon be seen.

The psychology of intermediate contacts increases one’s hope for the end of the waiting period, despite the fact that the same waiting period continues — it is just that the hour’s wait is broken up into segments of three 20 minute slices, and that, according to all of the psychological studies, makes all the difference.

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, one of the frustrating aspects of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset, is the long and arduous wait that must be anticipated before a decision is made.

Expect the worst; hope for the best.  There are multiple stages to the process — of the Initial Stage; of the Reconsideration Stage; of an Appeal to the Merit Systems Protection Board; and even of a Petition for Full Review before the MSPB.

Thus, if you took all of the multiple stages, the “wait time” is tantamount to the slicing up of that very “wait time”, and the best way to give yourself the benefit of a higher percentage of success is to make sure that you increase your chances of getting it approved at the Initial Stage by consulting with an attorney who specializes in Federal Disability Retirement Law, lest you remain fuming in the Waiting Room where everyone else taps his or her foot while the collective blood pressures continue to rise.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement Benefits: Signs

It is the title of a song by a group called, “Five Man Electrical Band”, first released in 1970, then re-released in 1971, and the lyrics intelligently portray a world replete with warnings, admonitions, commands and curtailing threats, demanding of us a conduct of conformity otherwise ignored unless backed by such direct mandates.

Of course, there are the other, more subtle signs that we either ignore or otherwise dismiss because of the quiet manner of reproach initiated.  Those subtle signs as evidenced by facial expressions; of a look unexplainable but surely existent with consequential meaning; or premonitions of rougher surf and winds blowing, animals fleeing to the relative safe havens guided by instinctive alarm; and of the rush of adrenaline raising the tiny prickles upon out neck and backs, in dark corners of unlit areas when sounds so distant precede the visual image of oncoming danger.

Do we pick up on them, or go through life disregarding unless and until the reverberations of such deliberate ignorance shatters the calm and quietude of our joyful resolve to remain blind behind a security of negation?  Those trite statements of permeable permissibility:  “He was a nice, quiet man,” said the neighbor next door after the devastation left by the referent cause; “I never saw it coming,” hoarsely uttered by the hospitalized individual in the midst of destruction and debris-filled lands; “Who would have thought…”  And, indeed, in this universe where thinking is paramount, and observation of subtleties a requirement for survival, it is that which we ignore that can harm and injure.

There are those in life who float through and must be protected by means of oversight and constant care; some drivers on the road (or, perhaps, most of them) have no business carrying a license; it is only because others avoid and careen away that survival without a dent, a bruise or a catastrophic collision carries forth an undisturbed pathway from point A to the destination of choice.  And so we have new signs to consider:  It is now unlawful to text or otherwise use a Smartphone in hand, while others who drive with one hand stuffing a cheeseburger in one’s mouth while drinking a coke with the other, and with that invisible third hand pushing buttons on the panel to change satellite stations – somehow, that is safer because the signs tell us so, or at least implicitly inform as to the priority of current concerns.

For Federal employees and U.S. Postal workers who are surrounded by signs – both subtle and direct – that it is time to move on, ignoring them will not make the underlying, substantive problems dissipate.  Having a medical condition is the first sign, but one which may have no significant impact; but when that medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal employee’s positional duties, then such an indicia of life’s intersecting whisper should, at a minimum, be elevated to a “warning”.

And when the signs flashing from the Agency’s perspective – of warnings, threats, harassing actions and administrative sanctions – begin to blare loudly as more than just a passing blur of the speed limit which we all tend to ignore, but instead becomes planted prominently for you and all to see, then it is time to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, so that the signs indicated don’t result in those flashing lights in the review mirror forcing us to stop and be hauled before a magistrate to explain those actions of ignoring such signs which we knew, or should have known, needed to be followed.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employment Early Medical Retirement: That state of cognitive dissonance

For all other species, even a momentary state of unawareness can mean death.  Predators seek the narrow window of advantage; that is the evolutionary determinism which propagates death, and shows mercy of life for those who close all such seams of opportunities; or so the Darwinian theory goes.  Man possesses a peculiar capacity to become lost in thought; whether in daydreaming, deep in slumber; contemplation amidst conceptual constructs of word pictures dancing before one’s eyes; we can walk in a funk or a daze, and drive long distances on super highways and at the end of the trip, not recall a single moment of how we got there.

Do words promulgate action?  Does instinct necessitate reaction?  Does the plethora of informational datum result in the intermediary of thoughts, first, then of engaging with the objective world?  Most of us have periods of cognitive dissonance — that aggregate of formless thought not having a consistency of connections between mindfulness, decisions, actions and judgments; it is only when there arises a lobotomy of capacity to care for one’s self from the daily necessities of life, that suddenly it becomes important enough for people to notice.

How such a species of that of a human being can survive these centuries while increasingly expanding into cognitive dissonance is a mystery to behold.  Whether by loss of awareness through technology; of staring vacantly at computer and smartphone screens, or merely enjoying the fantasy of daydreaming; perhaps the disappearance of open predatory behavior has dulled the once-sharpened edge of instinctive survival mechanisms.  But, in fact, there are wolves around, and they abound in plenitudes of concealment.  They just don’t advertise themselves in that way.  Just ask the Federal employee or U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s productivity and capacity to show up for work, whether or not predators exist in a the workplace.

Preparing, formulating and 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, can be a form of escapism for many who are threatened by the modern carnivore wandering through civil society.  The ruthless exploitation upon the preys of modernity are not necessarily limited to the impervious universe of wildlife in Nature; it can all occur before our very eyes, in those rare states of clarity and sagacity when our normal state of cognitive dissonance becomes momentarily suspended in order to see the reality of a circumstance which necessitates the proper preparation, formulation and filing of an effective Federal Disability Retirement application to the U.S. Office of personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: The collision of grammar and life

The cynic will scour each entry for just such an error of punctuation or misspelling, and declare that, indeed, the author’s own actions confirm such an event; the greater question, of course, is not that it occurred, but of what import or consequence.

There was a time, of just a few generations ago, where the number of noted authors, commentators and social giants measured by pen and ink, were counted by the hands of a single individual; now, with the diffuse pervasiveness which includes paper editions exponentially quantified by electronic media, as well as the vast array of blogs, comments and Internet “conversations” on Facebook, Twitter (who ever imaged that such a limited conceptual construct would be considered seriously in a political campaign; yet, on the other hand, the limitation of the numerical volume of words likely is proportional to the intellectual capacity of the user, as confirmed by current events), Instagram, etc.

From H.L. Mencken to Hemingway; of the age of Buckley and Vidal; the heyday of the wordsmith, replacing the blacksmith who had to work in the forge where life, the torturous heat of hell, and the reality of contending with trying to mold the harshness of nature’s metals, brought to the forefront the daunting task of trying to earn a day’s wages. But as the general rule is that quantity diminishes quality, and wider dissemination fails not to embody pervasive ignorance, so the collision of grammar and life occurs less with the advancement of technology and informational overload.

For Federal employees and U.S. Postal workers who must consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the primary focus in preparing, formulating and filing for Federal Disability Retirement benefits is in that “write-up” of one’s Statement of Disability as required by SF 3112A.  That is, indeed, where grammar meets up with life, and the manner of prose, the punctuation advanced, and the words chosen, will all coagulate to present the force and ferocity of one’s evidentiary impact.  If represented, the lawyer will likely include a “legal memorandum” arguing your case, as well, through legal citations and references to the statutory and case-law basis upon which the Federal Disability Retirement application should be approved.

In the end, life is rarely lived in a vacuum, and hermitages of yore when medieval fiefdoms were aplenty, no longer abound with plenitude of choices; and for the Federal or Postal employee who must contend with the bureaucratic morass of the U.S. Office of Personnel Management, the preparation of one’s Federal Disability Retirement application is indeed a time when the collision of grammar and life may well occur.

Sincerely,

Robert R. McGill, Esquire

 

Medical Disability from Federal Government Employment: That departed innocence of yonder years

Whether we have become meaner as a whole, or that people have always been so and we just never knew it, we shall never know.  How does one contrast the incomparable?  What algorithm would be applied, which quantitative analysis, and how would a qualitative methodology of content-purity be administered?  Parity of differentiation would destroy any meaningful application; for, the generational divide would question the relevance of any prior criteria applied, and the subjectivity of inherent bias as to the meaning of innately elastic words would undermine the entire format.

Is there a natural yearning for a bygone age — of romanticizing a time never quite existing, somewhat skewed, and forever filtered through the antiseptic memory edited by time, desire and the psychology of protective devotion?  Do we selectively choose, whether unconsciously or with deliberative acuity, that which we want to preserve, like those museums housing reconstructed prehistoric beasts from mere fragments developed into an imaginative construct of creative fantasies?  Yet, there are clearly narratives which have annotated a different mentality, a structure of a departed innocence portraying a pastoral purity forever vanquished by modernity of vacuity.

Mark Twain’s works surely provide evidence of it; although, one has to read his works of later years to recognize that even he succumbed to the cynicism of life’s undesired experiences.  Look at the ending in Pudd’nhead Wilson; do any of the characters emerge victorious from the circumstances ascribed, or does the wheel of misfortune simply accept the inevitability of a world ensconced in the satire of fate as administered by gods who play with eternity and circumstances, like malevolent children with insects and matches?

Then, of course, there is Carl Sandburg’s depiction in, The Prairie Years —  but does that not prove the point?  Was it not merely a retrospective outlook of a selectively chosen era, characterized by age and want of holding on to yonder years forever lost and transcribed merely by an age of innocence never in existence but by device of mythologization (despite the ugliness of such a term)?  Yet, whether of reality or of tricking one’s self by some repressed psychological device, the human need to retain and preserve that departed innocence of yonder years, is a reality which is part and parcel of the complexity inherent in the phenomenology of sanity.

This is important to consider, especially for the Federal employee and U.S. Postal worker who feels a sense of hopelessness and despondency, given the current situation of contending with a medical condition and where decisions concerning one’s future must be made.  For, when a medical condition begins to intervene, and the Federal or Postal employee must consider the probability of 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 “surface” issues that must be contended with — of the unpleasantness of the circumstances themselves; the hostility of the Federal agency or the U.S. Postal Service; the medical inability and incapacity resulting from the illness or injury; all of these are mere “appearances” which conceal a more substantive undercurrent of “reality” imposed.

For, like the yearning for that departed innocence of yonder years, the truth of the matter is that all human beings seek for, and desire, a sign of kindness — that simple act that costs nothing, but encompasses an untold value of meaningful touch which feels for a brief moment the brush of an angel’s garment as it shuffles silently by, leaving the warmth and floral scent of a life worth living.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Balance and Order in a Lost World

Once achieved, death destroys; it is the anomaly of life, that the linear progression leads toward its own terminus, and by slow and incremental degeneration, its own vivacity is defined by a sense of self-immolation.  The realization of attainment almost always occurs upon surpassing the apex of an ordering of one’s life, and so the inevitable decline necessarily diminishes any joy derived from self-reflection of having achieved that balance and order for which we strive.

We can pursue a lifetime of studying Aristotle’s Nicomachean Ethics, and the goal to achieve eudaemonia by living a life of virtue in accordance with reason, and thus comply with the essence of who we are, what we define ourselves as, and thereby fulfilling the conceptual construct of our own inventions.  Or, we can “chuck it all” and attribute absurdity to the universe, genetic predisposition as the defining essence of our being, and justify the arbitrary course of our lives by deconstructing the classical ordering of our civilization’s teleology.

Few of us consider ourselves to be the master of our own destiny; and fewer still, of much influence in the steerage of our direction or course.  We tend to believe in the magic of, “If only…” while simultaneously ignoring our freedom from society’s constraints and liberty’s folly.  And when tragedy befalls, we blame the collective conspiracies of the gods who view us as mere playthings, fodder for unenlightened determinism no more complex than a belief in superstitions once thought lost in the antiquity of timeless reservoirs of forgotten bookshelves.

For Federal employees and U.S. Postal workers who must suddenly end his or her career because of a medical condition, because the medical condition no longer allows the Federal or Postal worker to perform all of the essential elements of the Federal or Postal worker’s position description, the loss of balance and order is not just a hypothetical paradigm, but a reality enforced by circumstances beyond one’s control.

Indeed, the “world” within which such balance and order is lost, is not attributable to some greater concept of geopolitical significance, but one which touches directly upon the ephemeral plight of the here and now.  The striving for balance and the need for order; these are fundamental constructs required to maintain sanity and joy; and when the imbalance of life combined with the disorientation tethered by an unexpected medical condition intersects upon the rhythm of daily living, the shaking up of an otherwise tranquil life can appear to be devastating.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the necessary step in order to maintain that balance and order forever sought, and now interrupted by the gods of chance; and while the penultimate destiny of life’s striving may now appear to have lost its rationality for direction and purpose, it is always in the striving that one finds a way, and preparing, formulating and filing an effective Federal Disability Retirement application is often a means to a further end, if only to again regain a semblance of that balance and order once gained, and now temporarily lost, in a world already lost but for the insular privacy of one’s own happiness.

Sincerely,

Robert R. McGill, Esquire