OPM Disability Retirement: 2 countervailing rules

Here are 2: If you have an idea late at night, unless you write it down, you will never remember what it was in the morning.  The other half of the countervailing rule?  In the morning, it won’t seem as profound a thought as it first appeared late the previous night.  Or: Forgiveness can come easily when once you admit to your fault; and the counter to that — if it is your spouse or close relation, don’t think that you won’t be reminded of your need for forgiveness when once the first sign of trouble appears.  And another: Time will heal; yet, the countervailing reality: others rarely care to sacrifice their time in order to allow for the time needed to heal.

And for Federal and Postal employees 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 first “rule” of the 2-part countervailing rules of life is often: “Oh, I have been such a good employee all of these years, I am sure that my Agency or the Postal Facility will be understanding while I prepare a Federal Disability Retirement application — for, doesn’t all of those years of good service count towards a good-will well deserved?” And the countervailing rule to that is: “Buddy, you’re no longer going to be a part of this team, and what you did yesterday counts only until this morning, and no more. Let us give you a freshly-minted medallion that you can pin on your lapel, and boot you out the door the moment we discover that you are planning to file for Federal Disability Retirement benefits — even though you are doing only that which you have a perfectly reasonable right to”.

And thus do the countervailing rules always come in a duality of balancing coordinates; and, unfortunately, the behemoth of a Federal Agency or the U.S. Postal Service always seems to have the upper, dominant hand, which is why you may want to first consult with an attorney who specializes in dealing with such countervailing rules of life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Only for a season

Is our existence influenced by the seasons that alter, or are we so alienated from nature’s rhythms that we no longer follow the evolutionary trails that other species obey?

Seasons change for a reason; whether our anthropomorphically-imposed reasons or the dictates that consider the rhythms of a universe in constant flux — whatever the foundational purpose and teleological basis explained, the order of the universe allows for consistency such that life can comfortably thrive.

Some things last only for a season, then wither, die — or seemingly so, as leaves turn crisp with the cold winds of Fall, then drop and twirl with the streams of divine breath to disintegrate into the dust of this earth.  Winter covers the soil beneath in a sleeping slumber of hibernating snores, only to begin to see the first greens of Spring, then of the unrelenting tides of Summer’s haze.  Yes, it is only for a season, and then the changes occur.

We can become lulled into thinking that eternity is the exception for our lives; that the artifice we build, of tall towers and endless miles of concrete roadways reflect the immortality of our own existence, but then the next season comes along, and we are reminded that — no, it is only for a season.  Health is like that as well; and while sickness and medical conditions may last only for a season, there are others that must endure beyond, and beyond that.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition lasts for more than only a season, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Nature’s Season determines for us the rhythm of an impervious universe; and while we may believe that a medical condition is only for a season, the Laws of Nature dictate and decide, and it is up to us to take advantage of the time left, if only for a season, and prioritize our lives, and never take for granted the health that we may yet enjoy, if only for a season.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Trials of error

Normally, of course, the common usage of the terms involve the combination with a conjunctive — of trial and error, implicating a process whereby the latter term triggers the former (i.e., the “error” forces us to engage another round of trials, which then may lead to further errors resulting in further trials, etc.) into a potentially lengthy repetition of attempts, each with the advancement through possession of greater knowledge gained from the errors identified and witnessed.

The concept as it stands, however, implies something further:  of the experience of each error and the process within such error and what the error may implicate.

Human beings have an expansive capacity to “move on” quickly beyond errors made, and perhaps that ability of adaptability is an evolutionary advantage for a species that makes a fair number of errors that, in other contexts and within other species, would spell the extinction of the species itself.

Errors compounded go beyond the experience of the trial itself; sometimes, errors lead to other errors, and thus the “trials and errors” in their aggregate allow for greater knowledge and adaptability depending upon the nature of each error and of many trials.  But it is the trial of the error that often needs to be paused, and allowed to ponder upon, before going on to the next trial, lest the lesson from any one error has not been sufficiently learned before a further trial is engaged.

Sometimes, of course, the trial of an error, if not sufficiently comprehended and reflected upon, is the very reason why further errors of judgment follow, precisely because not enough time has been spent upon the nature of the error itself.

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, it is important to recognize the trial of an error — for, with a Federal Agency or the Postal Service, one is encountering a behemoth of intransigence when attempting to garner any sympathy or loyalty.

Medical conditions themselves are “trials” enough, and when a Federal Agency or the Postal Service begins the process of punishing the Federal or Postal employee for taking too much SL or LWOP, or even invoking FMLA rights, the “error” is not so much the trial of patience, but rather, in thinking that the Federal Agency or the Postal Service was ever on your side to begin with.

While a Federal Disability Retirement application may not be a strictly “adversarial” process, one must always consider whose “interests” are being looked after in each trial encountered:  the interests of the Federal Agency or the Postal Service, or of one’s own?

The trial of error often begins with a mistaken identification of a more fundamental error on the part of the Federal employee or U.S. Postal worker, and for the Federal or Postal worker contemplating filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the first step in preventing the greater trials of multiple errors is to consult with an experienced attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: Arbitrariness of life

What defines arbitrariness?  Is it when there is a lack of pattern, or does our own input of misunderstanding or lack of comprehension determine the defined formlessness of the world around us?  Is Kant right in his implications – that the “noumenal” world that is outside of our sphere of cognitive input remains unknowable, arbitrary, unfathomable and unreachable, and it is only by the categories of internal psychological structures that we naturally impose upon the world, make sense of it, and “order” it so that we are thus able to comprehend it, that such an understanding between the bifurcated universes of the phenomenal world we comprehend and the noumenal world we can never grasp defines the penultimate concept of that which is arbitrary?

And what of the “arbitrary life” – is it merely that which we do not understand, or is there more to it than that?

Most people live lives that establish a consistent “pattern” of progression.  Thus do old sayings go: “A person is a communist in the morning, a radical in the early afternoon, but if he is not a conservative by nightfall, he has never grown up.”  Or even of the implicit response of the Sphinx: “a man who is four-legged, then two, then three” – implies a systematic progression, then degeneration of sorts; in other words, a pattern of life-cycles.

And we expect a blue-print of what it means to live a “successful” life – of education, work, family and career, where there is a consistent increase in wealth, wisdom and weariness of strangers that continues to expand and grow.  But what if there is an interruption to that “pattern” or “blue-print” that everyone expects?  What if misfortune befalls, bankruptcy is added or divorce, death or even a hurricane and flooding descends upon one’s life – does the unfortunate event suddenly make one’s life an arbitrary one? Or, what about the Federal employee or U.S. Postal worker who must suddenly face a medical condition, such that the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of the Federal or Postal job – does that make the interruption of life’s constancy suddenly into an ‘arbitrary’ life?

The definition of that which makes X arbitrary is always related to the “randomness” of events; but for human beings, it is indeed the perspective one has and the calm within a storm that influences whether the objective basis of that which is arbitrary is influenced by the subjective approach of a person’s life.

For the Federal employee or U.S. Postal worker who must consider filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the initial steps in preparing a Federal Disability Retirement application may determine, objectively, the future course of the Federal Disability Retirement application itself, as to whether it was “arbitrarily” compiled or systematically composed.

Like the orchestra that has an off-tune instrument, the symphony created will determine whether one’s Federal Disability Retirement application is a crescendo of progression, or merely a disturbing sound of failure.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Stress tolerance

More and more, the psychology of human endurance is being studied, evaluated, assessed and judged upon; but in the end, the complexity of the psyche may never be fully known, and even of that knowledge which we think we know, we may be completely in error about.

We perform “stress tests” upon metal beams and overpass bridges in order to determine their viability and structural integrity; and through various engineering tools, we are able to determine whether or not a certain limit of tonnage or pressurized capability to withstand extreme changes in temperature can be “tolerated” before serious damage is done, or modifications, reinforcement or complete replacement becomes necessary.

Why are we unable to gauge the capacity of the human psyche, as well?  What is it about the complexity and endurance levels of the human mind that refuses to provide an objective capability of acceptable levels of stress?  Is it because it will always be individualized, restricted by childhood, adulthood and other hooded experiences that refuse to explain the levels of tolerance otherwise able to be discerned in a beam of wood or a concrete structure?  What does it mean, anyway, to have a “high” stress tolerance level, as opposed to a “low” or “medium” one?  Is it like possessing a gemstone that you carry around in your pocket?  And does it depend upon the “kind” of stress being experienced, or can it all be lumped into one?

Money and debt problems; traumas imparted by the behavior of others; family and marriage difficulties; workplace hostilities and adversarial and contentious encounters; do these all constitute different “kinds” of stresses, and do different people react to them and “deal” with them in variegated ways?  Does it matter whether or not the source of the stress emanates from an outside origin that does not “personally” involve you – such as the danger-based stresses experienced by police officers and firefighters that encompass saving others or deescalating “situations”, but at the end of the day, does not pervade beyond the clock that ticks down to end one’s shiftwork?

And medical conditions – how much of an impact does the physical have with the psyche, and to what extent is the interaction likened to a vicious cycle, where a physical ailment influences the capacity of the psyche to tolerate stresses, and where the mental or emotional stress triggers a person’s physical condition?

Science and medicine have never been perfect disciplines, and it is doubtful if we will ever fully comprehend the complete picture of the impact of stresses in our lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and have come to a point where that medical condition no longer allows the Federal or postal employee to perform all of the essential elements of one’s Federal or Postal job, the question often asked is whether or not “stress” is a viable element or basis for a Federal Disability Retirement application.

That query is a complex one, and can only be answered within the context of a medical diagnosis, the prevailing law, and the options left in the complicated process of preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, and consultation with an attorney who specializes in Federal Disability Retirement law is essential to enhance a successful outcome.

Like so many questions of any level of complexity, “stress” is a complicated issue that cannot easily be addressed without a thorough evaluation by an experienced attorney.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Life wears

The doubling of words is always an interesting endeavor; for, almost always, the linguistic connotations erupting from such coupling is rarely limited to the combination of the two, but a plenitude that proves Aristotle’s declaration that the whole is greater than the sum of its parts.

For, in the concept that “life wears”, we gain an understanding of multiple ideas, depending upon the tonal emphasis one places upon accents of consonants, verbs or whether the first in the sequence, or the last: that, the turmoil and challenges of life wears upon the soul; that there are varying experiences that are presented in the course of one’s life, such that the entirety of a spectrum in a person’s mortal existence “wears” different clothing to exhibit to the world; or, even that life itself has predetermined sets of wardrobe such that in different stages of a given life, such manifestation of colorful or drab garments may be that which simply must be accepted in the karma of living out such lives; and, likely, multiple other meanings and shades of ideations that this author is not perceptive enough to reveal in their hidden connotations and implied meanings unrevealed by the dullness of one’s lack of creative energy.

Whatever meanings may be derived, it is always of value to combine isolated islands of concepts, words and linguistic paradigms in order to fathom a greater comprehension.  For, ultimately, that is the challenge of daily life.  If human beings are unique in any gifted sense, it is in the capacity and ability to bring together combinations of analogies otherwise not thought of, in order to gain a greater insight into a world which is persistently incomprehensible and obstructed by our myopic view seen through lenses of a Kantian universe inaccessible but for the structural categories we impose by postulating predetermined paradigms of impediments.

Life wears many garments; life wears, in that the constant struggles and turmoil we must bear leaves us profoundly exhausted after each battle; and the fashion show that life presents to us each day is as plentiful as the Paris runways that dawn with each new season, and yet we must somehow endure it all.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition becomes an obstacle where life wears upon the depleted energy reserved for daily struggles, preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often another metaphor of a garment well-worn that nevertheless must be contemplated.  Perhaps the thought doesn’t wear well; or, the future contemplated is one of multiple “life wears” that you must consider; or, maybe your life wears a thought process which must incorporate the new paradigm of a Federal Disability Retirement.

Whatever the conceptual output from the combination of disparate islands of thought-processes, the plain fact is that in pursuing an OPM Disability Retirement annuity, the Federal and Postal worker must recognize that life’s challenges always wears throughout both a bed of roses as well as a crown of thorns.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: The wrong turn

What are the consequences of a wrong turn?  Recognition before venturing too far into the detoured travel; loss of some amount of time (allowing for that cumbersome freeway that doesn’t have another exit for some 25 miles); a rash attempt to correct the mistake by crossing the grassy knoll that divides the highway, only to find that the invitation of the greenery is a muck of quick sand that sinks the four tires into a pit of immobility; or, in the most positive scenario, a mere four-corner turn to get back onto the “right” track of travel.

Every decision in life possesses an inherent ingredient — some modicum of consequences; for some, disaster always seems to follow – like Pig-pen and the trail of dust and whirl of tornado-like innocence; while, for others, the Teflon-man of escaping even the scent of guilt is forever brushed off without a scratch or a theme of taint.

Then, of course, there are the horrible tales from newspaper clippings, of a wrong turn resulting in death, maiming, or other deviation from a mere innocence of mistaken scroll of the steering wheel; perhaps the GPS accuracy will no longer allow for such deviations resulting in detoured consequences, but others have contended that the technical glitches inherent in such devices still fail to recognize that the shortest and most efficient route may not always be the safest passage through life’s impending doom.

Further, what is it about the wrong turn that seems to define the state of a marriage?  In days of youth, such detours of deviancy may have evoked the laughter of wonder  – of an unforeseen adventure not worthy of even mild criticism; but as age increases the inner sanctum of fear and insecurity, so the wrong turn often stirs the nervous insecurities otherwise seething beneath the surface of apparent happiness and contentment of marriage, children, family gatherings and holiday warmth.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the Federal or Postal employee’s ability or capacity to perform the essential elements of one’s positional duties, the question often becomes:  Did I make the wrong turn by taking on this Federal or Postal job, or is the wrong turn made by staying put?

Such metaphors of intent depend upon the very next move that the Federal or Postal employee will undertake.  For, if the next act is to merely remain in the same position, and allow for the harassment and adverse proposals to pile upon prior agency initiations of hostility, then the wrong turn will likely result in further mishaps of deviations of rightful routes.

For the Federal or Postal employee who can no longer perform the essential elements of the Federal or Postal job, preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the next “right” move in correcting the wrong turn.  For, it is often not the initial deviation from a set course of direction that results in a move being “wrong”; rather, it is the acts that follow, attempting to correct, that leads into consequences that make matters all the worse.

Sincerely, Robert R. McGill, Esquire