Lawyer Representation for OPM Disability Retirement: The wave of unwillingness

Watching waves along a seashore is indicative of the rhythmic cadence of life’s daily encounters; the rolling regularity of repetition, then for some odd reason — or none at all — a sudden rush of an unanticipated surge that changes the expectations relied upon.

Human will is a peculiar characteristic; it is not quite a conceptual principle, nor even a sensation; it is an inner force emanating from deep within one’s psyche, energized at various times, inert and dormant at other.  When does the wave of unwillingness appear?  Like that rhythmic lull which is suddenly overtaken by a surge that is unexpected, it appears in life with a sudden vengeance.

For most of life, we are willing — whether to be helpful, to be generous, kind, passing things by and allowing for things to occur without much resistance.  Then, a medical condition begins to gnaw at one’s health — at first, perhaps just an inkling of troubled waters ahead, then a persistence that fails to abate.  By sheer will do we get through each day, overcoming by power of driven insistence and persistence, until one day the wave of unwillingness makes us stop, ponder and consider: How many more days can the power of one’s will continue like this?

Medical conditions have a way of wearing one’s will down.  For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to overwhelm with the wave of unwillingness — where the body becomes weary and fatigued; the mind begins to lose its clarity of purpose — it is time to prepare, formulate and file 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.

Remember that the wave of unwillingness did not just come about without accompaniment by other waves; it is just that the rhythm of the daily onslaught of stresses, the lack of care for the medical condition that continued to deteriorate, etc., came to a critical point where you could no longer avoid the reality of what the disease, injury or condition was trying to tell you: The human will, while resilient, can withstand only so much, and one’s health often contributes greatly to the ability and capacity to get one to a certain point in life, and when a critical juncture is encountered where the wave of unwillingness begins to overtake and overwhelm, it is time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, so that you may be able to once again enjoy the lull of rhythmic waves that create a symphony of sounds like the lullaby of a childhood’s warm memories.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The fallacy of just-ology

It is the manner in which we dismiss the relevant, the attitude of minimizing and the conduct of our nature in modernity; just-ology is the capacity to turn one’s back upon something and dismissively wave a hand and declare, “Oh, it’s just___”.  It’s just a minor set-back; it’s just X being X; it’s just a passing phase; it is just….

The mindset itself is one that can incrementally, insidiously creep beneath the surface of what we actually believe; for, the word itself — ‘just’ – is a peculiarly insignificant word, and one that is surreptitiously inserted amongst other words, concepts, hidden between phrases and carelessly dropped between lines of greater thoughts.  As an adjective, it connotes the moral compass of a person or society; as an adverb, it often implies precision or exactness; but in common, everyday usage, it is that word which minimizes, limits and casts away into the garbage heap of irrelevance.

It is precisely by the exactness of defining something so narrowly that the precision itself makes it irrelevant.  It “puts X into its proper place” by defining it “just” so.  Precision is good; precision for accuracy’s sake is even better; but when precision minimizes to the extent of insignificance, it can be misleading.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition for many years just won’t go way, and just keeps getting worse, and just continues to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it just may be time to begin preparing, formulating and filing 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.  Just in case.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Feelings

There are appropriate contexts within which to consider them, as well as places, insertions, events and conversational modalities where it is partly or entirely irrelevant; but as with most things in life, the boundaries that bifurcate are not always clear and distinct.  When one is considering purely subjective circumstances, it is clearly the “appropriate” moment — of personal relationships; of a vacation to be taken; of emotions being considered.

In a court of law, it is probably not the best approach to take with a judge; although, in the sentencing phase or the “damages” argument to be made to a jury, it may be the singular force of persuasive impact that makes not only the distinction unclear, but the decision quite the decisive edge.

“Feelings” are to be reserved for puppies, late nights in bed with a fever, and how the toes tickle when lying on a grassy knoll in the middle of summer when the lone ant walks along the pathway of your bare skin.

Do we dare admit to them?  When you are in a heated argument, is it not an oxymoron to shout, “Feelings don’t have anything to do with it!”  For, what is the criteria to be applied when making a decision based upon them?  Does the spectrum of emotions never cloud one’s judgment?  Or can we, as we often claim, set them aside so easily, like so many automatons in those doomsday movies that have become popularized, where androids and mechanized juggernauts that have taken over the earth and tried to suppress humanity are now the very beings whom we always wanted to emulate?

And what of the French Existentialists and the horror of reaction to that old favorite, “Invasion of the body snatchers” — what was it that made it so fascinating, where beings were stripped of their souls and emotions were all of a sudden undone, extinguished and no longer relevant, where bodies devoid of feelings walked about the earth like so many empty tombs?

Feelings are funny animals; they make up so much of who we are, and yet we spend a lifetime trying to avoid the very essence of that which makes up who we are.

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 the Federal or Postal job, the anomaly concerning “feelings” becomes quickly apparent: for, confronted with having to prepare an effective Federal Disability Retirement application before an administrative body — the U.S. Office of Personnel Management — you are asked to remain “clinical” and antiseptic in the face of “proving” the medical evidence by the cold calculus of “the law”, and yet at the same time you are trying to convey your “feelings” with respect to the impact of the pain, the anguish of anxiety or the daily levels of profound fatigue felt.

It is a tightrope, balancing act that must be done with expertise, subtle techniques and an interspersing of line-crossing deftly engaged. Completing the SF 3112A, Applicant’s Statement of Disability, is the single most important form in preparing a Federal Disability Retirement application, aside from gathering the proper medical documentation and making the persuasive legal argumentation.

For, in the end, that lifetime of trying to suppress those “feelings” must be utilized carefully, yet at the same time you have to be persuasive enough to touch upon the emotional makeup of a fellow human being who, also, likely has had to suppress those same feelings in order to apply “the law”.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Of mice and things

In the early morning hours or in the late twilight of night when everyone else is fast asleep, of mice and things scurrying about tells of a world beyond the days where we awaken and watch.  We all have a tendency to anthropomorphize upon a world we otherwise would fail to understand, and projecting our own characteristics upon another species has always been what we cannot resist.

Of mice — do they run about when everyone else is away because of fear, or because they, too, love the quietude of a period when all except the insomniacs and burglars tiptoe in shadows of darkness where the innocent dare not trample upon?

Sometimes, in the rush from hiding place to food source, the mouse will pause, lift up on its hind legs, look about, nibble a bit, then off again; and when they become bold enough to actually stare and look directly at the master of the house, you know that it is time to bring out the cheese and the traps, for they have exceeded their welcome and are likely becoming too comfortable in a home that they are unwelcome.

And what of the “things”?  Well, there are mice, and then of course, centipedes and spiders, and cousins of mice, and other things.  They are the ones who go “bump” in the night.  Are we like them?  If a greater master were to look upon us like we do of mice and things, would that Grand Wizard think similar thoughts?  That if we scurry about in fear and try and remain anonymous and unobtrusive, we would be left alone; but if we became bold in our unwelcomed status, a trap would be set for us and we would be cast aside into the oblivion outside of the walls of our own making?

Isn’t that how the injured Federal or Postal worker feels when a medical condition continues to prevent the Federal or Postal worker from performing all of the essential elements of the Federal or Postal worker’s position?  Such a Federal or Postal worker begins to feel like the mouse that scurries about trying to survive, but once he or she gets noticed, the Federal Agency or the Postal Service begins to set traps, to put the pressure on and proceed to ostracize and get rid of the pesky things.

Fortunately, Federal and Postal workers who suffer from a medical condition have somewhat more protections than those accorded to creatures small and large, of mice and things.

Preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is one such “protection” that allows the Federal or Postal employee to move beyond the workplace harassment and attempts to remove and terminate, thereby ending a career where one has invested one’s life to prolong.

What the Federal or Postal employee does not want to do, is to end up like those creatures that go bump-in-the-night — of mice and things — by failing for access all available benefits, and especially a Federal Disability Retirement annuity that can secure one’s future and allow for one to focus upon the important things in life, like one’s health.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The picture album

Time was, every family had a picture album – that anachronism bound carefully in a large leather book-shaped monstrosity, kept safe where dust settles and mice scurry around; taken out for occasions where boredom is accentuated and friends or neighbors have stayed long past their welcome, and so it is taken out carefully, dusted off and laboriously paged through, telling of a history for each page, each photograph laid meticulously upon the thick plaster-backboard of a person’s history.

It used to be that we all had one picture for an event – or, two at most, once Peoples Drug (for those who are old enough to remember; and that, in and of itself, was somewhat of a historical marker – when “Peoples” Drug – the drugstore of the “people”, was bought out by successive entities of greater reserve until it finally became a nondescript, boringly corporate entity under the designation of “CVS”; somehow, something was lost when the corner drugstore started in a suburb of D.C. was engulfed by mergers and corporate purchases) declared a two-for-one sale.

Of course, we all kept in safekeeping those brownish negatives that neatly fit into those thin plastic columns (i.e., thrown into a drawer based upon the sequence of receipt) – you know, the ones you hated to slide out because you could never get it back in without bending them, and somehow you suspected that they were never meant to be fit within the columns of plastic in the first place.

Somehow, there was something quaint and innocent about a picture album that only had one shot of a slice of life that told a limited tale about a person’s continuum of historical detail – by contrast, today’s Smartphone and digital chip that can hold literally thousands of photographs, and the person who is willing to show all in a public display for everyone in the universe to see, by downloading, uploading, displaying and replaying, for a person barely in his or her twenties.

The picture album is an anachronism, telling in its humility, limited access and manifesting a humble origin of consciousness.  It is a relic that bifurcates a “before” and an “after” – of a time now gone and lost forever, replaced by an after that manifests a change most of us never asked for.

To that end, the picture album is likened to a Federal or Postal employee with a medical condition.  That Federal or Postal employee suffers from a history of that which most of his or her coworkers are completely unaware of.  And like the picture album that is taken out from the dusty bookshelves of a corner closet, when the Federal or Postal employee comes to a point of needing to 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 reaction displayed by others is often one of boredom, lack of concern or even of interest shown in forced phoniness.  For, what others know or find out about a person’s life – even of his or her medical condition – is ultimately a private slice of life that is shared with quiet discretion.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Disability Retirement: No time for empathy

Perhaps its disappearance and rarer occurrences are not because of defection of angels and loss of virtue from the circumference of human character, but for a much simpler reason:  We have no time for it, nor patience, nor capacity to embrace.  Often, the intersection between the reality of our social constructs and the loss of moral foundations mixes and makes obscure the ability to assign blame and causal connection to one or the other, but it is the cumulative and inseparable combination that results in the dire consequences we witness.

This technologically sophisticated world has no time for empathy.  All of that incessant talk about “connecting” and the importance of remaining constantly online, in-tune and involved in the virtual universe of Facebook, Snapchat, Tweets, text messaging, cellphone and other such modalities of electronic connectivity, the reality is that – from a purely objective perspective – each of the methodologies of communication are comprised of an illuminated screen with written words without warmth, human feeling nor organic nerve endings.

We communicate by means of those androids we created, expecting that exponential quantification of mechanical complexities can somehow qualitatively enhance our humanity, when in fact each such invention insidiously depletes and deteriorates.

Once, we scoffed at Chiefs and other indigenous characters who believed that the mystical capturing of one’s image by cameras and Daguerreotypes robbed and confined one’s soul, and now we make fun of those who believe that human contact is lessened by the tools of mechanized warfare; and so we decimated all tribes and their leaders, and leave behind in history books lost in the dusty shelves of an unread past the images robbed and lessened, and arrogantly giggle at those who complain of modernity and the technology of communication.

Empathy takes time.  We have no time left.

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 position, if waiting upon one’s agency to reveal and manifest some semblance of human empathy has been a patient discourse of frustration, you will not be the only one to experience such disappointment.

The fact is, empathy is a rare commodity, and showing its face of value is a search of futility more and more each day because of its scarcity.

Waiting for the Federal Agency or Postal Facility to accommodate your medical conditions?  Empathy is required, and nonexistent.  Expecting helpful information and cooperation from your Human Resource Office without fear of leaking sensitive information to coworkers and supervisors?  Empathy is necessitated, but clearly lacking.  There is no time for empathy, and it is better to begin the process of preparing an effective Federal Disability Retirement application without relying upon that which cannot be found even in the far corners of humanoid tablets we sit and stare at each day.

Sincerely,

Robert R. McGill, Esquire