Federal Employee Disability Retirement: The river of life

The evocative images of such a metaphorical phrase are immediately understood by most.  As in challenges we all face throughout life, a river snakes across different and foreign terrain; in some seasons, a drought may dry up the vibrancy of the river, while in times of plenty, flooding and overabundance may occur.

There are periods of swift currents, and days of lazy haze; and underneath the calm exterior is an underworld of activity and blur of living, both of tumult as well as those timeless memories forever remembered, and it is precisely the paradigm upon which Heraclitus staked his perspective upon with the statement that “No man steps in the same river twice.”  For, indeed, the essence of the universe is one of ever-present change; it is the one constant in a life filled with unpredictable indifference, of inchoate beginnings that never lead to any fruition; of trials encountered without reason or rationale; and the river of life leads us through the mountaintops of emotional pinnacles and down into the depths of a valley so dark that despondency fails to reach the eternal chasm of sadness undefined.

Streams flowing into rivers; unexpected tributaries swallowing up the nameless and uncharted waters; and of snowcaps that melt and flow without fluidity of purpose, so life brings about such challenges, engagements and unexpected face-offs.  What are we to make of this river?  What to do in this life?  Must we always be defined by accomplishments, or can the value of a human being be sufficient by reason of a self-fulfillment of an ego’s search?  Is it truly the person who has amassed the greatest amount of “stuff” who is considered the “winner”, and does the river of life grant any greater significance, relevance or meaning to the quantifiable monetary value than to the man who dies penniless?

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition necessitates the Federal or Postal worker into preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, such questions embracing the river of life can be daunting, obsessively important, and awakening of a spark in the deeper recesses of one’s forgotten past to come to the fore.  Why?  Because medical conditions force a prioritization of values, meaning and relevance in one life; and, indeed, that is the foundational essence of every river of life – of what we believe; that we believe; and for which we believe.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: Erasing imprints

We spend half of our lives trying to accomplish that which may never be done; go to others to obtain guidance; take medications in order to stamp out the cacophony of voices from a past regenerated in mindful moments when reflection is not what we want but quietude away from the cackle of memories.

Imprints are those stamps that remain with us, like burn-marks seared indelibly into the far corners of body parts unreachable and unseen but by the telescopic lenses of our own souls.  Perhaps the memories have faded, or we simply cannot pinpoint that precise moment when the stamp was made, the mark of the devil was inked or the scorching stab wound rutted; but it remains upon the child, grows with the malignancy of the young one, and becomes magnified into adulthood like the burdensome satchel filled with rocks, each day adding another, never able to open it to lighten the load, except here and there when one accidentally falls through an unnoticed tear before it is quickly sewn up again to reinforce the nightmares of our lives.

Try as we might, through pharmacological modalities of treatment regimens or embroiled by years of therapeutic encounters, the monsters within from our childhood past of flashes when the mother turned her back upon a child in crisis, or of anger devolved when fury left the frustrated child in a chasm of loneliness unattended; it is the trembling of innocence that remains forever, and a day.

Erasing imprints is what we try to do the rest of our lives, when all that can really be done is to contain, bifurcate, box in and restrain.  Of course, there are “good” imprints, as well – those marks which developed the personality and characteristic traits considered “positive” to our lives; the trick is to recognize the difference between the negative and the positive, and that is not always easy to do.  Further, what if we erase the “good” imprints in the process of stamping out the “bad”?

Being human carries with it the compendium of complexities all wrapped into a conundrum of puzzling packages of personality quirks, and sometimes it is those imprints we attempt to erase which characterizes the very uniqueness of our being.  Then, as we grow older, the callouses form and the attempts to replace imprints become less effective; for, presumably we have learned to resist the influence of others, or at least found ways to limit them.

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, remember that the road to obtaining a Federal Disability Retirement benefits is a long and arduous one, and it is likely that you will have to encounter many obstacles, many “mean” people who themselves have likely been harmed by a lifetime of imprints.

Focus upon erasing imprints that harm, and disregard the imprints exhibited by others; for, it is a lifetime endeavor identifying the negative ones in yourself, without worrying about needing to erase imprints manifested by others.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The precarious self

Self-preservation is said to be high on the list of instinctive survival mechanisms – that which society cannot “un-learn” because of the inherent nature of such evolutionary entrenchment of DNA-coded characteristics.  It used to be that, whether in the mythical “State of Nature” as advanced and envisioned by Locke, Hobbes or Rousseau, or the more fossil-based models as posited by anthropologists, the individual who was widely considered as a precarious survivor was quickly extinguished from the gene pool either though acts of foolish daring or by neglectful carelessness.

Survival was, until recent times, always high on the list of priorities.

In modernity, we rarely even consider it, and that is why we cringe with disbelief at horror stories of sitting placidly in a café or restaurant when suddenly innocent bystanders are being shot at, or become the victims of an explosion where shrapnel and other ravaging debris aim at the human flesh – not for predatory hunger, but for mere destruction and devastation.  Laws become enacted and govern safety; mechanisms are put in place to prevent industrial accidents or massive catastrophes impacting a wide swath of population centers; these are all, in modernity, for the most part, avoided and of rare occurrence.

Thus, the precarious self has become an irrelevant concern, or not at all.  The incommensurate dilemma of an individual being lost in his or her own thoughts as he walks upon a den of wolves out to find and devour dinner, is not of a major concern; perhaps, the closest we may come to in considering the precarious self is of a person lost in thought who crosses the street without looking for oncoming traffic; but, even that, the new technology arming every vehicle with sensors which automatically prompts the braking systems are attending to that potentiality, as well.

It is, in the end, more in the arena of making mistakes, proceeding in ignorance and creating circumstances of irreconcilable self-destructiveness, that the concept even becomes applicable or comprehensible, in these days.  For example, in preparing a Federal Disability Retirement application by a Federal employee or a U.S. Postal worker, does the Federal employee or Postal worker know enough about “The Laws” governing Federal Disability Retirement in order to proceed successfully?  Have you spent enough time to familiarize yourself with the statute, the case-law and precedents of recent import in order to successfully maneuver your way through the administrative process?

This is, whether one likes it or not, a highly bureaucratized universe, and the ability to avoid the precarious self often requires a great amount of investment of one’s time, energy and concentrated focus upon the details of daily, unavoidable complexities.  Preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee falls under FERS, CSRS or CSRS Offset, is something that requires avoidance of the precarious self, at a minimum; and, more than that, to maneuver around the precarious “others” as well – including the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Employees: Expectations beyond the norm

We begin the nascent origins of remembrances expecting greater things beyond the normal levels of reality; that is what we now define as a “good childhood” as opposed to a lesser, or even an ordinary one to bear and be burdened with.

We are admonished that we can “be anything”; that potentiality and possibility (is there even any conceptual clarity of distinction between the two, anymore, and what of the third in its trifecta – of probability?) are limitless; that, like child prodigies of yore, each of us are “special” (query:  if everyone is special, does the concept itself lose all meaning, as in the philosophical conundrum of nihilism, where if you believe in nothingness, where can there be a “something” to lend it any meaning at all?) and defined by the uniqueness of our own boundaries superimposed by society, artificial constructs and unattainable hopes and dreams.

With that baggage of certainty to failure, we begin to travel life’s inestimable travails and untried valleys of difficult terrain.  Yet, we call that a good childhood.  By contrast, we ascribe bad parenting to the cynic who treads upon the fragile soul of a child:  “Chances are, you’ll never amount to anything”; “You’re never going to be able to do that, so why try?” (said to a 16 year old who has stunted growth trying to dunk a ball); “Don’t waste your time; you don’t have the talent for it, anyway.”  These comprise, constitute and reflect emotional harm and verbal abuse, by the standards of today.

We are never supposed to discourage, but always to encourage; never to allow for the reality of an impervious universe to influence, but rather, to always create a fantasy of potentiality and possibility of hope and perspective of the impossible.  But what of encounters with strangers and angels disguised as visiting anonymity?  Do we say to the child, “You are special; all people are special; as special people all, welcome all”?  No, instead we preface warnings, admonish with goblins and ogres beneath every bed, and scare the hell out of kids – which, by the way, is also considered good parenting.  And thus do we become adults, weighed down by the baggage of heavy biases towards the realities of life.

Most of us realize, at some point, that being “special” merely means that we are ordinary human beings living quite monotonous lives, and that only celebrities, politicians and the once-in-a-lifetime Bob Dylan truly fit into that category of uniqueness.  Happiness is the expectation dashed, evaluated, then accepted; and that it’s all okay.  Then, when a medical condition hits, it makes it all the more so; for, as children, we also expected that our mortality was nothing more than something well into an obscure future, always touching others but never 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 employee from performing one or more of the essential elements of one’s Federal or Postal position, the reality of our own vulnerabilities and fragile nature begins to set in.  Expectations beyond the norm have to be compromised.  Dreams once hoped for and hopes once dreamed of require some modifications.  But that’s all okay; health is the venue for hope, and without it, there isn’t even a whiff of dreaming for tomorrow’s moment.

Prepare well the Federal Disability Retirement application.  It is okay to be ordinary, and to recognize the fragility of human life and health, for it is the latter that needs to be protected in order to dream of a future where a summer’s day dozing on a picnic blanket will fulfill all expectations beyond the norm.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Application: The tools we have for use

The foundation is always “all-important”; but there are other tools at one’s disposal, and the question is:  Do we know and recognize what those tools are, and if not, how can we use them out of ignorance?

How does SSDI intersect with FERS Disability retirement – not the issue of offsetting the concurrent payments after approval of each (that is merely a monetary calculation that has nothing to do with getting a FERS Disability Retirement application approved); rather, should an approval of an SSDI application have a legal impact upon a FERS Disability Retirement?  How about a denial – but one with a statement in the SSDI denial letter acknowledging that the FERS Disability Retirement applicant is unable to perform the duties of his current/former employment, but may be able to do “other employment”?

How should a mixed removal be utilized to its most effective manner?  If a person is removed partly for his or her medical inability to perform the essential functions of the job, but also because of AWOL issues or excessive LWOP usage, does it undermine the application and efficacy of a Bruner Presumption argument?

What should be done with a Department of Veterans Affairs rating?  Is it always persuasive, never determinative?  Even if persuasive, should it always be introduced, or is discretion the better part of valor – or, in the case of a FERS Disability Retirement application, the better part of value in using it as “proof” for a Federal Disability Retirement application?  Should medical documentation be indiscriminately submitted?

In other words, in a FERS Disability Retirement application, does the FERS Disability applicant have any rights as to dissemination of medical documentation, especially those portions which do not go to the substantive centrality of one’s claim in requesting a Federal Disability Retirement approval?  To what extent can the FERS Disability Retirement applicant and his/her attorney have the right to act as the “gatekeeper” in providing sensitive medical documentation to the U.S. Office of Personnel Management?

Tools – we have them; but of what use, efficacy or relevance are they, if they are left in reserve without pragmatic utilization?  And, as to the “reserve” – should the FERS Disability Retirement applicant keep in tow any of the tools, or should they all be used in an aggregate, cumulative powerhouse of aggressive and forceful argumentation?

Tools – to have them is one thing; to use, another; but more than that, to know what to use, when, how, and to what applicable relevance; that is the power behind the inertness of that which can be enlivened by knowledge, information and discretionary utilization.

Sincerely,

Robert R. McGill, Esquire