Attorney Representation for OPM Disability Claims: Ends and beginnings

It is the linear manner in which we perceive the world; of straight lines as opposed to circular figures; of two points or perhaps three, then again lines of intersection and connecting the dots, instead of arcs that waver and detour beyond the directional certainty of point A to Point B and beyond.  “Ends” we recognize by the symphony that crescendos and the credits that scroll down and display the accomplishments unto the “Assistant to the Assistant director of Operational Assistants”; or, at least when the black screen declares, “The End”.

And of beginnings?  Other than the first breath taken, the consummation of love’s forlorn initial encounters and the memories of childhoods harkening back to hazy summer evenings that may be real or mixed with what was told about you when you were young; perhaps beginnings can never be ascertained with as much certainty as the endings that suddenly come upon us.

We tend to bifurcate our lives with straight and intersecting lines; “Here is when X happened”; “Over there, that is when Y began.”

For Federal employees and U.S. Postal workers who began their careers with the hopes and dreams of all who enter the workforce, full of vigor and enthusiasm, coopted by the “mission of the agency” or the team spirit reinforced by the accolades given in performance reviews, bonuses granted and promotions within sight of tomorrow – the slow deterioration of a medical condition can come to one’s realization as a devastating recognition that an “end” is coming, without the concomitant accompaniment of the clear “beginning” to follow.

Where does something “end”, and something else “begin”?

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management because the Federal or Postal employee is no longer able to perform one or more of the essential elements of the Federal or Postal position is indeed an “end” of sorts, but it must also be viewed as an important “beginning”.

It is the beginning of attending to the priorities of life; of starting to focus upon one’s health and well-being; of recognizing that others at the Federal agency or the Postal service have seen the “end” of your career.

Yet, perspectives matter, and how we view things do make a difference, and it is the “beginnings” that come after the “end” that matters.  For, the “Assistant to the Assistant director of Operational Assistants” hopefully did not end his or her career with that final credit noted at the end of that B-rated movie; hopefully, he became the director of Operational Assistants, or perhaps the director himself or herself.

Sincerely,

Robert R. McGill, Esquire

 

 

Disability Retirement for Federal Employees: The Soul’s need for silence

If the world was merely one constant clatter, would we be able to stand the din of life?  Just as existence needs nothingness in order to have the separation of meaningful discourse, and as sentences need grammatical pauses (except in the cases of Faulkner and Joyce, perhaps), so the soul requires silence in the face of difficulties uninterrupted.

Medical conditions create havoc in lives; at first, perhaps just an annoyance or a nuisance, and the natural inclination is to rely upon the past that we know, and how – in remembrance of youthful vigor and quick rebounding and recuperation by mere strength and steely reserve – we were always able to ignore the pain, get past the turmoil and move beyond the anxious feelings of panic and depressive symptoms.  “It will pass,” we tell ourselves.  But then the long-view sets in; it is not merely a passing season, nor even a brief interlude of a cold north wind.

Instead, like the clinging vine that keeps coming back despite digging and chopping at the base of its roots, the chronic nature of the medical condition tells us that, as the unwelcomed uncle or aunt who has no other home and stays with you “just for a little while”, you cannot get beyond the season of pain and the intercession of turmoil.  It becomes a constancy, a persistence, a monotony of unsettled disquietude.  It is as if the soul’s search for silence finds only a din of unending noises as you search behind door after door for a room where relief and quietude may long for a bit of peace.

Souls need silence; silence allows for the interruption from din and darkness.

For Federal employees and U.S. Postal workers who suffer from the dual attacks brought on by a medical condition – of increasing workplace harassment as well as the loss of the soul’s quietude and peace – there comes a time when preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, becomes as necessary from a medical standpoint, as it is for the soul’s inner health.

Federal Disability Retirement is a means to an end – a recognition that the Federal or Postal employee is no longer able to produce at the level of acceptability, and a tolerance for allowing that same Federal or Postal employee to “move on” so that a basic retirement annuity can be obtained, and yet remain productive for the future in the private sector, where the (now former) Federal or Postal employee may make up to 80% of what one’s former job currently pays, on top of the amount of Federal Disability Retirement annuity.

It is also the allowance and recognition of another important factor – that the soul’s need for silence is a necessary component in the midst of din and darkness.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: The factors to consider

Whenever a problem arises, are you the kind of person who immediately rushes headfirst in order to “solve” it?  Are you like a first responder who by necessity, duty or conscience of being, sprints to save and runs to resolve?  Or, in contradistinction to circumstances that require thoughtless effort but urgent actions, do you consider the factors and ask the question, What criteria must be applied?  What would be considered a resolution of the problem, as opposed to a temporary cessation of a crisis-driven implementation?

The two are somewhat dissimilar, of course, in that the first example often does not have the luxury of pausing for a query, and the latter may allow for an ebb of questioning.

Thus, one would not want a philosopher pondering the conundrum of existential posits when the primary pipe draining sewage away from one’s home has a crack that is growing into an open fissure.  On the other hand, if repetition of recurring problems have haunted for some time, and the solution appears to require something beyond mere pragmatic settlement but a higher order of principled restraint, the factors leading to an overarching criterion may be mandated for a more far-reaching solution.

This is true in much of life.  There are many who repeat the same thoughtless actions only to find that the temporary solution comes back with ever greater fervor; few who ponder the underlying principles; and lesser still of a community of thoughtful cadavers who awaken from the slumber of daily monotony to consider the underlying factors that gird the first principles of life itself.

What factors need to be considered?  Where do we go from here?  Can we live on such reduced income?  Can we make it to the age of retirement, or the required combination of service time plus age, and still be in good enough health to enjoy some semblance of a retirement?  Will my agency continue to harass, employ mechanisms of onerous leave restrictions, and ultimately impose the sanctions of constant workplace hostility, and can I survive them all?

For Federal employees and U.S. Postal workers who have come to a crossroads of sorts, where the medical condition, the inability to perform all of the essential elements of one’s positional duties, and the pressure that can no longer be withstood with the coalescence of such onerous burdens, preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the first step in resolving the repetition of a horrendous culture of dismay.

Life is never perfect, but when a problem which appears persistent and chronic will not simply go away because being a first responder is not the right solution to the difficulty, then the Federal or Postal employee must consider the factors that underlie the problems which constitute the principles inherent, and move forward with pragmatic steps towards a brighter future for tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Coordinating the efforts

The amazement of tandem coordination is discovered in various corners of Nature – of tentacles of an octopus seemingly working without the complexity of entanglement; of an eagle’s capture in mid-flight of its prey, where the claws and wings attack and devour with perfect harmony; and in modernity, the capacity and ability to “multi-task”, as the parlance of efficiency has been noted.

The human animal is a formidable creature – perhaps not the best at any one thing (speed is set by the Cheetah; endurance, in the Wolf’s persistence; but of competence in all areas, the two-legged, vertical organism sets the standard for excellence), but able to compensate for deficiencies by exerting acceptable levels of efficiency in many.

However, we often confuse the ability and capacity to multi-task with the presentation of an objective, impervious world of multiple data bombarding simultaneously.  Thus, the fact that the tentacles of an octopus may seemingly work in coordinated fashion in swimming and engulfing does not mean that if a dozen marbles were thrown at it in a single shot, that it would be able to respond appropriately.  Similarly, speed in short bursts may be impressive, but it may not translate into an ability to adapt if objective conditions require greater endurance for quantitative calibration of speed.

There is a limit and a ceiling for tolerance in performing feats, and for the human animal, the mere fact of showing minimal competence in some forms of multi-tasking, does not necessarily convert well when the necessity arises to coordinate complex issues which are further impeded by a medical condition of an impactful nature.

Thus, for Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the fallacy often arises that, because one has been capable in an administrative or executive capacity, one may be able to coordinate the efforts for one’s self in preparing, formulating and filing an effective Federal Disability Retirement application.

Bridging the nexus between the medical condition and the essential elements of one’s positional duties; conforming to “the law” in formulating one’s Statement of Disability on SF 3112A; of obtaining the proper medical documentation that will meet the standards of the compendium of legal opinions issued by the U.S. Merit Systems Protection Board – these, and many others, must be taken into account when preparing an effective OPM Disability Retirement application.

And, like the hunter in past lives who suddenly becomes winded, becoming the hunted is not where the Federal Disability Retirement applicant wants to be when coordinating the efforts in preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The traveling troubadour and trobairitz

There are vocations and careers which once were, and now forgotten.  Life cycles in endless streams of dying embers and regeneration of growth; and like the mythical Phoenix which arises from the ashes of destruction, so we tend to romanticize that which once was, is now forever lost in the forgotten residues of concealed fingerprints in timeless memories once secluded but dissipated as storytellers no longer found an audience for tales left untold, and children turned to self-amusement with videos, technological blank stares, and smartphones which glow well into the night.

Troubadours of the middle ages (and for those wondering, since this is now a gender-neutral universe and we dare not fail to include the binary aspect of such identification, the female counterpart known as the “trobairitz”), traveling under the patronage of princes in fiefdoms who showed the first signs of supporting “the arts”, and thus would allow for actors, performers and lyric poets to entertain and provide a respite of asides from a world which knew poverty beyond modernity’s capacity to comprehend, plagues which spread quickly and with devastating tenacity, and amongst rogues who cared not for the intellectual conscience recorded by scribes and religious orthodoxy of the Aquinas tradition.

They came onto the scene of history, and disappeared by the end of the High Middle Ages.  Do we even think about them, today — their careers, their imprint upon a fellow human being’s life, and even of the shadow which appeared but for a whispering moment, and with the light of day left not even a hint of prior existence?  Is that what Heidegger meant, when he described human existence as an avoidance out of fear of the ultimate fate of each man?  And so we look upon our own careers, and the choices we have made in life, and that to which we look into the crystal ball for the future.

Federal employees and U.S. Postal workers who are contemplating 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, must by necessity feel trepidation for the unknown.  That is natural.  But as necessity is the mother of invention, so the end of a Federal or Postal career should never bring pause to a hopeful perspective for a future yet undetermined, whether unknown or barely discernible.  And like the traveling troubadour and trobairitz of a past age, the career itself is but a whisper in time, and it is the substance of the life lived, and not the sacraments of a vocation we had chosen, which make for value in a life of plenty.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The mere asking of a question

In modernity, the asking of the question in itself raises a suspicion.  Being curious no longer kills the cat in some obscure, proverbial manner; to inquire immediately brands the individual and categorizes the questioner based upon the query of conventional consciousness.  Thus is debate of any kind quelled; for, to engage in a dialectical process requires a prefatory landscape of imaginative fertility; but in an atmosphere of poison and shallow interests already consecrated, there can be no classic form of “give-and-take”, of a level of intellectual inquiry required for the pursuance of excellence, improvement or uncanonized thought processes.

Can society ever escape from this cycle of self-immolation, where intellectual integrity is questioned, when speakers are shouted down at quiet lecture halls of solicitations for a teleology of thought, and at a level of purposive questioning, as in the days of yore when the pestering Socrates questioned every convention of the powerful and influential?

It will be difficult, if only because the widespread de-coupling of thought from information, separated by the force of modern technology, where deviation from identity is difficult to maintain, has made drones of us all.  Fortunately, law is, and remains somewhat in a sacrosanct manner, an arena which allows the simple query to survive, if only within the compound of argumentation for a cause.

For the Federal employee and U.S. Postal worker who becomes the victim of one’s own bureaucracy, where a medical condition requires an accommodation but the Federal Agency or the U.S. Postal Service is unable, or unwilling, to pursue avenues to allow for the continuation of one’s chosen career, 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 often the best and only alternative to pursue.

The battle of inquiry and improvement — for, if you think about it, they go hand in hand in that the only way to “improve” anything is by questioning the status quo — may have to come to an end; and as it takes effort to expend to question and contend for greater heights and levels of excellence, so the Federal or Postal employee who suffers from 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 one’s positional duties with the Federal agency or the U.S. Postal Service — the energy expended in other areas must now be preserved to attend to one’s medical condition and the deteriorating health of one’s body, mind and soul.

Sometimes, the mere asking of a question must be left alone, where silence is the golden ray of future radiance, and where youth may be the proper province to leave behind a generation of upstarts who never had the opportunity to ask that ever-childhood query, “Why?”

Sincerely,

Robert R. McGill, Esquire