Tag Archives: disability work comp atty for postal workers

Medical Retirement for Federal Employees: Life’s Muddle

We like to think that we are competent; but much of life is a muddle, where we try and plod along acting “as if”, when the truth is that we are winging it.  For the most part, that works; and the reason why it works is because the rest of the world, as well, is simply plodding along in the same manner and fashion.  Life is a muddle, and when a significant intervening event comes into play, the muddle becomes even murkier and the division between those who are truly competent, and those who have simply been “faking it”, come to the fore and become ever more focused.

Medical conditions, likewise, tend to do that: They bring out the best of people, as well as the worst.  They sharpen the divide between people who are empathetic and those who care not a twit except for times when it might be to their advantage.  And, as Federal agencies and Postal facilities are mere microcosms of people in general, the extent of an Agency’s efforts to accommodate a Federal employee’s medical conditions reveals the underlying character of the people involved.

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 time to continue to muddle through the complex bureaucratic process of filing a Federal Disability Retirement application should be left to the “experts”.  There are times to muddle, and times not to muddle, and the latter is one of those times when filing for FERS Disability Retirement benefits with OPM.

Consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and stop trying to muddle through life’s muddle.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: The image we cling to

Whether of a “bad boy”, a “choir boy” and some other like, “He is such a quite, obedient and unassuming young lad,” or even, “She is a real go-getter” — whatever the image created, whether by our own manufacturing or by the reputation pasted upon by others, the image we cling to can remain with us such that it haunts and trails like the residue of those ghosts of Christmas past.

Are reputations and images one and the same?

They certainly cross over from border and fence to similar lines of demarcation, such that the jumble of what others say, think and believe about you are an admixture of one’s self-image, the reflection of how we think about ourselves and what we believe others believe about ourselves.  Changing the image we cling to is often difficult; believing in the change, nigh impossible and rarely achieved.

Whether from the incremental and sometimes insidious perpetuation from the subconscious destructiveness haunting one from a childhood past, or of reinforced negativity from bad parenting or abusive relatives, an image is a residue of a tapestry complicated by those unknown circuitry making up what is generically identified as one’s inner “conscious” life.

It is, as some philosophers would put it, the “ghost in the machine” — of that something “other” that eerily floats about above and beyond the collection of cells, genetic matter and neurotransmitters.  It is “who we are”, or more aptly, “who we think we are”.

For Federal and 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 image we cling to is often the one that prevents us from doing that which is best for ourselves.

We think of ourselves as hard-working, conscientious, never-a-slacker, and conflate that self-image with performance ratings, step-increases, promotions and awards, and it is that compendium of reputation-to-self-image that marks our downfall when a medical condition hits the brick wall of reality.

What are our priorities?  Do we cling to the images manufacture, at all costs — even to our own detriment?

Preparing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, is a silent admission that the image we cling to may not be the reality one hoped for; but to live in an alternative reality when one’s health is at stake, is to ignore the obvious, and to fall prey to the destructive tendencies of an uncaring world.

Filing a Federal Disability Retirement application with the U.S. Office of Personnel Management is not to destroy the image of ourselves that we cling to; rather, it is merely a recognition that we, too, are human and imperfect, and it is the shedding of perfection that is often the greatest problem we face.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Simplicity revisited

We all yearn for it, though we defy the very thought of it by living in its corollary.  Simplicity is what we preach, that of which we dream and for which we strive; but, in the end, the clutter of life’s misgivings always seems to overwhelm, dominate and ultimately destroy.

Do people still run off in a crazed dash and join a monastery in order to escape the complications of life?  Are there such places, anymore — of a monastic order that welcomes strangers who have “lost it” and receive them as fellow “brothers” who will spend the rest of one’s days tilling a small garden, praying together, shunning material wealth and chanting deep into the night with echoes of lonely voices dripping like so many raindrops pitter-pattering upon clay shingles when once a career of complexity overwhelmed?

Or is simplicity merely a mirage, a dream never to be fulfilled, a yearning in the heart of man that remains forever a hole, a chasm never to be reached and a well of such depths as to never draw water?  Does the desk that reflects clutter represent a mind that is just as diseased?  Does accumulation of “stuff” make us happy, and when the king at the end of his life waves goodbye, is it the golden chalice that he hugs in the bedsheets of decay, or of a wife forlorn and forsaken because of mistresses left weeping?

Life is complicated, and simplicity, whether yearned for or revisited, is something that is sought in the hearts of all men and women.

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 Federal or Postal job, the complications wrought from a medical condition cannot be denied.  The question is: How can simplicity, revisited, help?

Filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management is not an uncomplicated process; however, it is the end-goal that is sought, which will hopefully simplify the complications abounding, by allowing for a singular focus beyond work and financial insecurity: One’s health.

But that life itself were so unfettered, perhaps some of the stresses that incurably surround us might be lifted; but for the Federal employee or Postal worker who needs to at least untether the nexus between work and worry, preparing, formulating and filing an effective Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, is at least a first step towards simplicity, revisited.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: The festering mistake

There are mistakes; then, there is the compounding one where we fail to identify X for what it is, and continue to make excuses by deflecting with Y, excusing with Z or replacing it with XX.  This is called the “festering mistake” – that mistake which, like a wound that could easily have been attended to, is allowed to become infected, then spread, then become so serious as to require further and drastic means to save a life.

Think about it: it may have begun with a minor cut; it is dismissed and ignored; and from there it can develop into a spreading infection, sepsis, incurable and incalculable damage.  That is what often results from ignoring a mistake; failing to recognize the mistake and attending to it; refusing to identify the mistake and attend to the symptoms; avoiding the direct confrontation and culpability of it with unintended consequences of greater reverberations beyond that which was originally the core of it.

We all make mistakes; it is the festering mistake that leaves us devastated – not only for the mistake itself and the growing complexity of trying to make up for lost time in failing to attend to the mistake itself, but further, for the failure of identification.  Just as the seat of wisdom is the recognition of one’s own ignorance, so the engine of success is the identification of mistakes early on.

For Federal employees and U.S. Postal workers who are attempting 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 key to a successful outcome – no matter how long the process, and regardless of the difficulties to be faced – is to recognize the mistakes potentially there to be made, identify the pitfalls to be avoided, and realize that you cannot put “blinders” on OPM once they have seen that which was neither necessary nor any of their business to review or entertain, and to never allow a festering mistake to occur in the first place.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Private hells

It is a familiar refrain to note that everyone has a self-contained “private hell”; and an even greater understanding that it is well that such thoughts of other hells are both private, and for the most part, left silent without conveyance or communication.  But that is changing, in large part, because people believe that mass dissemination of information has now unleashed any unspoken decorum of dignified discretion.

We believe, now, that everyone should “tell all”; that private matters once left as remnants of shameful self-confessions should be publicized because it is healthy for the inner soul to be uncovered.  But if that were really true, wouldn’t utopia have descended upon the Western World by now?

Revolutionary experimentation is often a good thing – at least, in limited dosages of consumable quantities with tolerable levels of tenacity.  But the mass acceleration of unlimited informational discharges, as evidenced by the Internet, Smartphone usage and widespread hacking and release of information of such great quantities that we cannot even begin to sift through the volume, has resulted in less, than more.  Is it because of the consumer age of technological advancement in which we all presume that “more” equates to “better”?

Once upon a time, in the quietude of an asceticism viewed with reflective consternation, the serious young individual considered shame, hesitation and discretion of public pronouncement; now, however, we have lost faith, abandoned decorum, and relinquished sovereignty, such that we have sold our souls for a mere pittance in return.

We can “tell all” so that expiation of sins once reserved for Dante’s circle of hell could be replaced with and substituted for a therapeutic society which never quite treats effective, rarely cures and always costs.  The cost of what we have given up never returns that which we have invested, and what was once sacrosanct is now mere fodder for comedians and irreverence for late night chatter and laughter of the belly-aching kind.

Somehow, private hells no longer exist; instead, they end up being confessed on a daytime show by a host who is deemed to be a doctor, but of what kind, we are never told.  Private hells imply two consonants of behavioral conflicts:  of a secret and limited access of information (privacy) combined with a torment unimagined and unfelt by others (hell).  Does the former (privacy) exacerbate the latter (hell), such that there is therapeutic value in publicizing that which is private, which would then allow for hell to become transformed into heaven?

We tend to believe so, and this generation of modernity has begun the journey down that path without any empirical evidence to support its belief-system.  Whether it will work, or not, time will tell.  For the time being, however, the private hells which consume the islands of individuals will result in the devastation of souls and psyches, as it has throughout the history of mankind.

For Federal employees and U.S. Postal workers who endure through such private hells, suffering from a medical condition only exponentially creates a greater hell than the earthly one which most people already experience.  Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a means to an end.

The means is the administrative process of preparing, formulating and filing an effective Federal Disability Retirement application.  The “ends” will come about in order to escape that private hell, which is the slice of heavenly gratuity we are given with the birth of an unasked-for life, impeded by uncalled-for harassment, by unapproachable supervisors and managers unabashedly unconscious of the private hells they themselves have created.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The script of life

Seeking out the pathways of precognition by consulting with the ancient oracles, was merely that same attempt.  Prediction and foreknowledge were the precursors of script writing; as the former failed to provide an advantageous statistical weighting, so the shift to a more pragmatic approach reflects the recognition that the gods provided no greater insight than mere chance, and so we’d better get on with life and attempt to control fate, destiny and the travesties of life’s lottery by writing the narrative ourselves.

Thus do economic systems of varying control mechanisms arise, where socialism and fascism, state-run artifices constructed to ensure prevention of extremes, thereby comforting us from the worst nightmares and fears born of childhood insecurities.

Virtual reality is safer than real reality; staring into a smartphone and chasing figments of imaginative characters and ghosts that exude cuteness in violent but funny ways, are all preferable to facing the harshness of daily living.  We may not know when we will capture the prize, but the script has been written so that it becomes settled law as to whether.  Reality shows may sometimes surprise, but the unexpected itself is easily anticipated; that is part of the deal, and there is not much art in it after all.

Shakespeare’s quote comes from his play, As You Like It, Act II, Scene VII:  “All the world’s a stage, and all the men and women merely players; they have their exits and entrances, and one man in his time plays many parts, his acts being seven ages.”

Such was the surrender to fate, now replaced by inane self-help books which purportedly boosts one’s self-confidence, makes one look like a Reality T.V. personality, and allegedly creates wealthy patrons of us all.  All throughout, we seek merely to obtain a copy of the script of life so that we can practice our parts, and not have to think about what must be done.  We seek predictability when the world offers chance; beg for mercy, when all there appears is savagery; and fall prey to the oracles of modernity, when even the ancients failed to deliver.

In the sphere of Federal and Postal employees, of course, it is the medical condition itself which was never asked to be included in that script of life.  It is one of those “curve-balls” which happens to the other guy, and never to us; or so we always played our part to live by.  But when it occurs, and life presents the unpredictable in a chaotic universe of harsh reality, we are asked to simply “deal with it”, and so we must.

For the Federal or Postal employee whose medical condition begins to impact and prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Postal or Federal positional duties, the script which must be ad-libbed is the part where decisions concerning the future must be engaged.  Should I file for Federal Disability Retirement benefits?  When should the process be started?  Is it ever too late?  Is the Federal Disability Retirement application filed with my agency, or with the U.S. Office of Personnel Management?  Should I consult with an attorney?

These questions, and many more, even the ancient oracles would not have been able to answer.  The undeniable fact is, that the script of life rarely is written to reflect the reality of life’s harshness; it simply “is”, and must be acted upon according to what is given, even when consulting with the high priest or priestess of the ancient oracles provides only silence and an impervious unresponsiveness.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Cartoons & Carnivals

In exclusively representing Federal employees and Postal workers to obtain Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the stories that are shared, the frustrations felt, and the tales left untold, collectively boggles the fragile mind.

Yes, by now, perhaps it is a truism that nothing under the sun can further be revealed that is of a surprising nature; but it is often just the sheer cumulative absurdity which, in their aggregate compendium of events, could only have occurred in cartoons and carnivals.  By contrast, there is the seriousness of the medical condition itself.

That is always the starting point, and the essence of why Federal and Postal workers contact an attorney who handles OPM Disability Retirements, based upon whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset.  Eligibility rules must first be met; then, the issue of entitlement must be proven by a preponderance of the evidence.

The comical relief and the sense of a carnival atmosphere, where cartoonish characters collide with the sobering reality of one’s medical condition and the potential end to one’s career in the Federal sector, arises inevitably through the actions of the agency, and their complete lack of empathy or concern.

Yes, agencies must continue to remain efficient; and yes, they must continue in their mission and course of work; but in the end, all we have left is family, community, values and vestiges of human interaction, and the littered graveyards of silent skeletons where marked graves and unmarked cemeteries speak not of efficiency, meanness and uncaring residues, but only where fresh flowers and wreathes of caring surround the frozen ground of time; yes, only in cartoons and at carnivals do people act with the absurdity of loss of humanity.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Relative Importance of Minutiae

Triviality is in the eye of the beholder; though, there are some aspects of certain information which almost all can agree upon to be insignificant; but in this universe of informational overload, it is often the small, precise and extended bits which make up for the connecting bridges of relevance.

For the culinary sophisticate, the fact that an octopus has four pairs of arms makes for a greater feast, and if one were to pause and consider that the loss of an arm in its flight from a fisherman’s net might be insignificant from a human standpoint, the capacity to survive in the treachery of the undersea world may depend upon that lost tentacle.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and 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, the overarching focus is usually upon the grand scheme of things — of the relative importance of the key elements which make up for an effective Federal Disability Retirement application.

In the rush to quickly put together a Federal Disability Retirement application, it is easy to fill out and answer the Standard Forms, especially SF 3112A, the Applicant’s Statement of Disability, attach a compendium of medical reports and records, and hope for the best.  But it is often just as much the attention to detail — the minutiae of the little things, the world of microcosmic bits and floating information in the body of office notes and progress reports, like insignificant algae which forms as a film upon the pond’s surface, which results in the basis of a denial by a scrutinizing OPM Specialist.

Like the tentacle found in the fisherman’s net, it is only the keen eye which can tell which of the four pairs of arms it came from, except of course for the octopus, who well knows from the sensation of pain from which it derives.

Sincerely,

Robert R. McGill, Esquire