Attorney Representation for OPM Disability Claims: ‘It could be worse…’

Do other species utilize comparative analysis as a tool for deciding the next course of action to take?  Or, does the existential, “here-and-now” appetitive nature of non-human beings rule, such that the conclusion reached — “It could be worse” — never plays a role in the decision-making process?

For, that is the basis of the conclusion reached, is it not?  Of remaining static, refusing to change, in deciding to not make alterations to present circumstances no matter the cost or the pain — that by coming up with imaginative, hypothetical models of circumstances real and fantasized, encapsulating descriptive conditions far worse than the one being endured by you, we can therefore justify continuation of maintaining the status quo?

How much worse must it get before one discards the idea that it could be worse?  Or, are the boundaries of human imagination so limitless that the enduring of present circumstances is always preferable to modification and change; or, perhaps that change itself is so naturally resisted, because the comfort of monotony and repetition provides the sequence of security that favors the stability of an unchanging universe?

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 preservation of the status quo is often preferable to the trauma of needed change.

One can justify for quite a long time the grasping on to that which one has, and to not change; and the justification can be maintained for quite some time in the very statement, “It could be worse…”.  That is the safe path, the road of least resistance; but the question unasked is the one unanswered and therefore untold as to the progressive deterioration of one’s health; Of: “Could it be better?”

That question can only be answered in conjunction with the realization that one’s health is never something that should be sacrificed on the altar of one’s career or work, and preparing, formulating and filing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, is the first step in recognizing that, Yes, while it could be worse, it could also be better.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: The inner voice

It is always the private conversation that is the most dangerous and unpredictable; for, the voices within are unknown to the surrounding conversations without amidst the public domain, and are most persuasive precisely because the multiple participants come down to a single voice: The “I” or “me” of the inner ego.

The soliloquy is a theatrical device which allows for the audience in a play to hear the “inner” thoughts of a character on stage; sometimes, the actor will stand aside while other characters on stage act “as if” they do not notice the separate thoughts being conveyed to the audience, and both the audience and the stage players engage in a suspension of disbelief while the soliloquy is deliberated; and at other times, the private thoughts are given over to the audience in a lengthy speech — a monologue of sorts, revealing the inner turmoil of a given character.

In real life, such oratory mechanisms are unnecessary, precisely because the voices within remain in a constant monologue of insularity, unimpeded by overzealous listeners who may hear the gossips within.  What voices are spoken within the mind of the wandering individual?  In a crowd, where the cacophony of multiple voices dominate and criss-cross, how many other voices are loudly vying for position within each of the minds that remain silent to one another?

Often, it is the very voices within which are the most dangerous, if only because there are no others countering the logic — or illogic — of the arguments made, and it is precisely because of the singular voice without a countering perspective that makes for greater danger of persuasiveness.

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 employee from performing one or more of the essential elements of one’s Federal or Postal position within the Federal government, the voices within must often remain private and hidden precisely because the voices without lurk about as potential hazards to be avoided and carefully sequestered.

The mere “asking” about filing for Federal Disability Retirement may trigger reactions that are unwanted from the Agency; the questions that begin to be asked, the administrative actions that could be imposed, and the harassment that often follows — these will often force the voices within to remain within.

Consulting with an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management is often the first and most important step that a Federal or Postal worker who needs to file for Federal Disability Retirement benefits can take; for, the voices within more often than not needs a counter-perspective and guidance beyond the singularly lonely voice of a soliloquy that has no audience but one’s self.

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Medical Retirement: Refurbishing the emptiness of existence

It is not quite like fixing up the living room, rearranging the furniture in the family room, or even remodeling the bathroom; for, in the end, the soul that feeds upon the emptiness of existence must needs be replenished with things beyond mere material goods; it must be sustained by the worth and value of that “something” transcending gold, emeralds or even the riches of self-satisfying egocentric accumulations of treasures beyond.

The refurbishing of the emptiness of existence hits upon each of us at some time during our short and brutish presence upon this world; and for some, it is the coldness of responses received that dismays and often destroys.  We can rearrange the furniture on the deck of the proverbial sinking ship, but the cold reality still remains when that foreboding sense of solitary loneliness continues to overwhelm us.

Existence is a reality that we had no voice about; emptiness is a choice that comes about through failings of our own, as when others have determined that friendship, kinship, affinity and affection are not worth pursuing — at least, not with you.

We have a lifetime to foster human relationships, and yet, sadly, most of us keep burning the bridges that have been constructed, severing ties that once bonded one another and set out to destroy any shadows that follow upon the warmth of human linkage.  We like to “remake” ourselves; to “win”, to “defeat”, to be the victor in all worthwhile endeavors.  Then, at the end of life’s work in progress, what are we left with?  Emptiness and loneliness.  Was it all worthwhile?

For Federal employees and U.S. Postal workers who have this sense of it all — that a medical condition has pervaded, has impacted and prevented you from performing one or more of the essential elements of your Federal or Postal job duties — 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.

It may come at the very moment when you feel as if you need to refurbish the emptiness of existence or, more likely, it is because the medical condition that is overwhelming you has forced the issue.  Often, when life appears to need rearranging, it is the other guy who is in the process of refurbishing his or her emptiness of existence, and it has nothing to do with you; you need to do what needs to be done because others will not recognize the value and worth that you have all along been working so fervently to create and maintain.

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

 

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

 

 

Medical Retirement from Federal Employment: The monster within

There are gargoyles we imagine, which are scarier than those in real life – unless we mean by them the ones who plan to do us harm (and not just murderers, rapists and other violators of the social contract scheme).  For the latter, we have laws, self-defensive mechanisms, and the ultimate justification for flight, and sometimes they work, at others, partially or not at all.  We can spend a lifetime fretting over the monsters without; it is those within – the former that haunts and never leaves the home of the mind – that destroy without a finger lifted.  For, in the end, it is fear that defeats, and that is well known by students of military strategy.

What weakness the adversary has, should be exploited tenfold as a vulnerability beyond the actual numbers; and what suspicion of doubt is kept in reserve, should be accessed and manipulated in order to magnify the exponential harm perpetrated by a cautious mind.  What looms large in one’s mind is quantitatively expanded despite arguments of logic, rationality and calm discourse; for, it is the imagination left untethered when the quiet of darkness falls upon a sleepless night, that the qualitative lack of focus begins to take shape in shadows unseen by a dawning light.

What can be more fearsome than that which we cannot control?  In reality, the circumstances that develop and unfold are mostly those that we have allowed for; in the creative recesses of our mental reserves, the expansive and uncontrolled destinies can never be curtailed, but have the limitless potential beyond any reality of sanity.  That is why the master torturer knows never to rush, and the interrogator recognizes the value of anticipation; of allowing the quiet fears to grow in the solitude of thought; and in the period between reality and imagination, the monster within can grow tenfold in untold features of taking on masks of fearful expressions and profiles of unfathomable terror.

How does one break that spell?  The shattering of an imagined fear is often tied to a fragile psyche that cannot be separated, and like conjoined twins who share a vital organ, should not be bifurcated but with surgical precision.  Fear is an interminable intrusion, unless and until the causative forces are intersected by an antidote which dissolves and dissipates.  The key is to find the antidote; and in the meantime, to hope that the elements of reality are not so traumatic as to overshadow the forces of psychic quietude.

For Federal employees who suffer from a medical condition, and Postal workers who similarly experience the pain of physical disabilities or psychiatric dysfunctions, the issue of when, how, and if one should file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is intimately conjoined with the growing monster within, while battling the dual forces of antagonism and contentiousness from without.  For, it is often the Federal agency or the U.S. Postal Service which exacerbates the problems associated with a medical condition, which then further complicates and magnifies the monsters stirring within.

To resolve such a problem, the answer lies in the very preparation, formulation and filing of an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management; for, in the end, the monster within becomes resolved only when the gargoyles outside are dealt with, and for the Federal or Postal employee with a medical condition, that resolution is defined by obtaining a Federal Disability Retirement annuity, in order to be able to take the next steps to secure a hopeful future, beginning with the act of separating from that environment of the Federal agency or U.S. Postal Service which helps to create the monsters in the first place.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The cadence of coherence

There is truth, then the ring of truth.  The former may extract a pound of flesh or a quart of blood from the reader, yet allow the subtle entrapment quietly releasing the cornered soul merely by being unpersuasive.  The latter, despite often lacking in some essential details, will nevertheless engulf the audience, whether intended or indirect and unaware, into a comatose purring of half-conscious slumber, where acceptance of an argument because of a danger of violating the pleasantry of the moment is more important than embracing the facts themselves.

That is, of course, what is ultimately “wrong” with the writing style of a diatribe; it is the seething, subterranean anger in the undercurrent of a volatile eruption like the bursting lava from an unconstrained volcano where civilizations perish and survivors flee with but the clothes on their backside, which fails the purposive teleology of a barrage of words.

The persuasive outlier must possess the heart of a musician, the humor of an invited conversationalist, and the soul of a philosopher; otherwise, the dinner audience may begin to yawn and request to excuse themselves for various reasons, including an early exit for want of company.

The truth is, truth itself is boring.  It needs sugar, spice and all that is nice; wrapped in paper which stands out, but refuses the ostentatious condiments of vulgarity in a universe surrounded by stellar vacuity.  Convincing truth, on the other hand, possesses a disposition of a rhythmic melody, orchestrated with precision by a master with a conductor’s baton not made of any particular wood, but where the waving and weaving flows in consonance with the confluency of nature, artifice and linguistic pablum.

In any effective narrative, there must always retain the cadence of coherence.  That is often the “trouble” with Federal Disability Retirement applicants who formulate his or her own narrative of persuasive concoctions; will the U.S. Office of Personnel Management drink of the vitriol seething beneath the surface of turmoil?  Will the obvious diatribe translate into a persuasive cadence of coherent ideations?

Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits through OPM, whether under FERS, CSRS or CSRS Offset, have a dual whammy of obstacles to face:  They themselves must be the focus of the narrative; and, moreover, they themselves must present a voice of objectivity.  Both are immediately undermined when the medical condition itself is the very reason, rationale and underlying foundation for which the entire Federal Disability Retirement application must be prepared, formulated and forwarded to one’s Agency (if not yet separated, or separated from the Federal sector but not for more than 31 days) or directly to the U.S. Office of Personnel Management.

Preparing the answers required on SF 3112A (Applicant’s Statement of Disability) requires a quiet, rhythmic cadence of coherence; to do so, the origin, source and inception of the narrative must emanate from a composite core made of materials tougher than metal, yet sensitive enough to touch upon that human yearning which defines the empathy of timeless angels.

Sincerely,

Robert R. McGill, Esquire