OPM Disability Retirement: Happiness Lasting

Can the precipice of elation last for long?  What of contentment — a seemingly “lower-level” joy that pervades and remains for the duration of a season?  Does evidence of its durability depend upon a smile frozen upon one’s face, or can it continue to establish its existence with gleaming eyes and a perpetual grin that seems never to go away?  Is glee in youth different from a winter’s discontent followed by a summer of joy, and does a period of happiness fostered by nostalgia the same as two young lovers who proclaim the currency of an unfettered passion for life?

Modernity celebrates the cult of youth, and it is thus assumed that happiness is the sole possession of those who look and declare youthfulness; but in the end, is it just wasted energy that dissipates because the young have no knowledge of how to handle such emotional turbulence?  What does it mean to “be happy”, and should it ever be considered as a worthwhile “goal” as opposed to a byproduct of a life well lived?

When a person feels elation, should the advice be: Temper it, for such a spectrum of heights will never last and you will find its opposite and negative effect at the end of it all — of dread and dismal desolation.  Or, should one just enjoy it while it exists, and deal with its opposite when it comes about?

Aristotle’s approach of finding the middle ground — of a moderation of temperament and approach to life — may allow for happiness lasting precisely because the height and depths of the spectrum of human emotions are never allowed to consume us.

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, the idea that happiness lasting can no longer be attained is a pervasive feeling because of the medical condition itself and the effects upon one’s life and career.

Filing for Federal Disability Retirement benefits under FERS may not be the “solution” to attain happiness, but it can be a process where intermediate goals can be achieved — of what to do during the pendency of one’s medical condition; of how to change careers; of how to attain a sense of stability for the future while attending to one’s own health and well-being.

It is a means to an end, where happiness lasting can be seen in the short-term goal of securing one’s future by filing for, and obtaining, a FERS Disability Retirement annuity before the next set of challenges in life’s fulfillment of changing circumstances must be faced again.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement from the OPM: Expectations

What are they?  Is it something that we place upon ourselves, or merely the burden of what others have said?  Are there implied ones as opposed to direct and blunt ones?  Do they scar and damage throughout our lives, based upon the haunting sense of what we believe our parents demanded?  Are expectations the cumulative juncture caught between our own dreams, the demands of parents, and what we believe society considers success or failure?

Do we carry them about without an awareness of their influence, forgotten in the closets of our memories until psychoanalytical triggers suddenly bring them to the fore and where we suddenly blurt out, “Oh, yes, that is where it all comes from!”  And what happens when reality blunders upon expectations and the two conflict within the agony of our lives — do we (or more appropriately put, can we) abandon them and leave them behind in the ash heaps of discarded disappointments?

And when do we become “smart enough” to realize that the old vestiges of expectations need to be reevaluated and prioritized, and not allowed to remain as haunting voices that we no longer remember from whence they came, but remain as unwanted guests within the subconscious purview of our daily existence?

Expectations — we all have them; but of priorities in our lives, we rarely reorganize them in order to meet the present needs of our complex lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s job and position, it may be time to re-prioritize those expectations that one has about one’s career, one’s future, one’s…life.

Expectations can be a positive force — of placing demands that spur one towards heights previously unimaginable; but that which is a positive force can turn upon itself and become a negative influence, especially when the check of reality fails to make one realize that priorities must be reassessed based upon the changing circumstances that life itself brings about.

Filing for Federal Disability Retirement benefits because of one’s deteriorating health may not be what one ever “expected” — but, then, all expectations have always been conditional in the sense that the demands made depended upon circumstances remaining the same.  When circumstances change, expectations must similarly adapt.

Preparing and submitting an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, may seem like a lowering of one’s expectations; yet, as it was always conditional upon the state of one’s health, a concomitant alteration of one’s expectations must meet the reality of one’s changed circumstances.

That is the reality of life’s lesson: Prioritize — health, family, career and the changing levels of expectations.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits under FERS: The isolation

Generally, we accept the statement that Man is a “social” animal, and by that we mean that he or she prefers, all factors considered, to live in communities and interact voluntarily with others, as opposed to living in isolation, apart and separate.  That we congregate in bunches of aggregate intercourses is not uncommon; that we enjoy the company and camaraderie of social discourse is considered “normal”; but on the other hand, that we like to be alone at times is also not disputed.

There are those who cannot stand being alone; others who must always be in the company of someone; of still many who fear being alone in life, and desperately cling to partners who one neither deserves nor should solicit for the sake of one’s own well-being.  For, in the end, even the loner was born into the communal world; that he or she decided to betray the conventions of society and isolate himself is not an argument for normalcy of being.

It is, in the end, the isolation that is most daunting; of being targeted and separated and placed into a proverbial-type of sequestration or solitary confinement.

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, the concept of “isolation” is not a new one.  Whether because the Federal or Postal employee feels isolated because he or she cannot tell anyone about the medical condition or, having told about it, the Federal or Postal employee is deliberately being isolated because of the medical condition, matters little.  Both result in the same consequences.

The “targeted” employee; the one who is no longer “part of the team”; the one who has dared ask for an accommodation; the one who is no longer invited to meetings or in the general sharing of information; the isolated Federal or Postal employee needs to file for Federal Disability Retirement benefits through OPM, lest the isolation results in the continued harassment and ultimately ends in a termination.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Interests at odds

A comity of interests has to arise in order for relationships to “work” — in whatever arena of meaning such a term must apply.  When interests are at odds, it means that the goals, orientation and direction of each of the parties are conflicted.  A “conflict”, of course, can be direct or indirect, and can be on various levels of complexities, but in general would imply a need to sever ties unless such conflicts are resolved.

In the employment arena, the comity of interests is fairly straightforward: The employer has a set of interests that need to be pursued; the employee, desiring to advance the interests of the employer, agrees to join in with the comity of interests in the common pursuit of stated goals.  Compensation is agreed upon; certain conditions are mutually stated and a contract, whether explicit or implied, is formed.

Conflicts may arise during the course of employment, of course; if a competitor makes an offer to the employee unbeknownst to the employer that directly or indirectly conflicts with the stated goals of the employer, certain ethical questions may arise.  Or, if certain employment conditions fail to be met, the “interests” of each begin to be “at odds” — an odd way of putting it, but that is the lexicon that has arisen in the employment arena.  It is almost a euphemism to avoid the harsh reality of other “choice” words.

Medical conditions can certainly “bring to odds” and damage the employer-employee relationship, and certainly Federal employees and U.S. Postal workers recognize that.

The “solution” that has been preemptively provided is the benefit known as “Federal Disability Retirement” — it is a means to avoid or otherwise resolve the conflict that arises when a Federal employee or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job — where, in the event of a medical condition no longer allowing for the Federal or Postal employee to fulfill certain of the employment conditions agreed upon (i.e., not being able to maintain a regular work attendance; unable to work full time any longer; taking too much SL or LWOP; unable to perform all of the essential elements of one’s job, etc.), then it is time to access the benefit of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Of course, the “interests at odds” is not just between the employee and one’s own Federal Agency or the Postal Service — it is also as against another agency: The U.S. Office of Personnel Management who attempts to subvert, deny and otherwise place obstacles in obtaining an “approval” for Federal Disability Retirement benefits.

That is why the “interests at odds” needs to have an advocate — of an attorney who specializes in Federal Disability Retirement Law.  Consult with an attorney who can help you attain the comity of interests, and to counter that entity which clearly is at odds with your interests.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: The Fight

Perhaps it is the remembrances of the Ali-Frazier era, or of one’s own childhood where we suddenly broke out into a melee of rash encounters; or maybe one is timid and never provokes, avoids all hostilities, diverts from any potential conflicts; whatever the background, there are fights that we remember, whether as a spectator or as a participant.

Was it the last shouting match with one’s spouse, where bitterness spewed and names were called when, once the butterfly of a stinging shadow left the lips that had been sealed with a promise, a shrug for regret overshadowed?  Was the provocation mere tiredness and stress such that upon the pent-up release of attacking the very one you love, you already felt better and thought, “Now, what was that all about?”

The Fight” is the unreleased energy within, always ready to explode upon the provocation of a volcanic eruption needing the outlet waiting for an opening.  It is when we no longer have “the fight” within us that souls wither, personalities begin to diminish, and the flattened effect of a once-lively self begins to devour itself.  There is “the fight” within each of us, but life, circumstances, and especially medical conditions can begin to dampen, diminish, then destroy that spark of the rebel.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to destroy “the fight” within us, it is time to recognize that staying with the Federal Agency or the particular Postal Facility is an unhealthy situation on top of the medical condition already suffered.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, is not an avoidance of a fight, nor an admission of defeat; rather, it is the last and true fight to win.

It is “The Fight” in order to preserve and protect one’s future, and not to simply walk about from all of that invested energy previously placed so prominently into one’s Federal or Postal career.  And remember that it is always prudent to hire a ringside trainer — an attorney who specializes in Federal Disability Retirement Law — in order to get that “knockout” win by getting your Federal Disability Retirement approved.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement: Trapped

Desperation is born of it; escape routes relieve the sense of it; and in the end, it is a belief in the hope that there are alternatives which provides a release from it.  The wild animal that is trapped will do everything to escape, including acts of self-harm if there is no alternative presented.  Whether of higher intelligence or some lesser level, the sense or “feeling” of being trapped leads to a suffocating belief of hopelessness.

Armies allow for it; battles often depend upon it; and the “it” which demands for an unconditional surrender is countermanded if there has been a history of genocidal atrocities committed.  It is the hope for some alternative to the present circumstances of despondency that results in a relief from the sense of being trapped; but options and alternatives often remain obscured by fear, lack of knowledge and the paralyzed state itself of “feeling” trapped.

For humans, it is knowledge which is the greater release from such a state of restrictiveness, and for Federal and Postal employees specifically, who suffer from a medical condition where the medical condition is impacting more than their careers — from growing harassment to an imposition of a “Performance Improvement Plan” to further actions, including a proposed removal, etc. — including the tumultuous upheavals experienced in their personal lives, the sense of feeling trapped is a natural consequence of failing to act.

Animals are known to act in desperation and reactionary ways; humans, it is wrongly thought, engage in a more reflective mode of acting — i.e., in a more deliberative, considered approach.  But the sense of feeling trapped often undermines the rational side of humans, and it is in such a state of desperation that the Federal or Postal employee will submit a poorly-prepared Federal Disability Retirement application, increasing the chances of a First-Stage denial.

Filing a Federal Disability Retirement application with the assistance of an attorney will not necessarily guarantee success at any given stage of the process, but it may raise the chances of such success at each and every stage.  In the end, it is knowledge of the options available which allows for the release of one from “feeling trapped”, and consultation with an experienced attorney when preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the best way to release the hope for a more secure future in entering into the traps of OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help: The Applicant’s Statement

The SF 3112A is the focal point of it all; without it, the entirety of the Federal Disability Retirement application would be incomplete, inconsequential and insidiously irrelevant.  The U.S. Office of Personnel Management can make a decision on a Federal Disability Retirement application — theoretically — without full answers or incomplete answers of the “other” forms, such as the Checklist, or even the Supervisor’s Statement; but as for the SF 3112A, The Applicant’s Statement of Disability — well, there is no getting around the fact of its prominence, importance and position of significance and relevance.

The Applicant’s Statement of Disability puts everything in its proper perspective; it tells the narrative of one’s medical conditions; it provides (or, at least should) the nexus between one’s medical condition and the essential elements of one’s job, tasks, duties, positional requirements, etc., and gives a key and insight into the very foundation of the legal criteria for OPM to either grant or deny a Federal Disability Retirement application.  That being the case, why would a Federal or Postal employee leave such an important component as the content and substance of an SF 3112A up to one’s own self?

The person who suffers from the medical condition can hardly be the one to properly, adequately or completely describe the key components of one’s medical condition and its impact upon one’s positional duties; for, the one who suffers by definition is the very.same person who is divorced from having an objective perspective.

Remember, always, that Federal Disability Retirement is a medically-based administrative procedure — one which must encompass and encapsulate the objectivity of medical documentation, the meeting of a legal criteria that has evolved over many decades, and an aggregation of the two combined in order to persuade the U.S. Office of Personnel Management that the compendium of one’s documented evidentiary findings rises to the level of a preponderance of the evidence presented in a coherent manner to the U.S. Office of Personnel Management.

Does such an endeavor appear consistent with the Federal or Postal employee who is too sick to work the essential elements of one’s job?

Sincerely,

Robert R. McGill, Esquire