OPM Medical Retirement Legal Representation: The waiting room

We have all experienced the psychology of the cursed “waiting room” — that place which is assigned as the “intermediate” lull, like purgatory for the virtuous-to-be, where they think that by making you believe that you have now been chosen to wait in a separately sequestered area, your patience will become refreshed and you will allow for another lengthy wait.  The psychologists have it all figured out, don’t they?

First, you are left to wait with the “rest of them”; then, your name is called, and you leave those who have been waiting just as long, or some even longer, with a smug smile, thinking to yourself, “Whew, finally!”  But that sense of relief is short-lived, for it becomes clear that the room you have been lead into is merely another surreal suspension of reality’s cruel viciousness — for, this is merely an intermediate form of torture: The Waiting Room, where the real wait begins.

Somehow, the psychologists have figured out through studies conducted that patients, clients, potential customers, etc., will tolerate quite a bit of waiting so long as there is an “interlude” between waiting periods.  So, say you are at first forced into a queue with a group of others — the studies have revealed that 20 – 30 minutes is the maximum before agitation begins to manifest itself, unless you are “selected” and sequestered into a separate queue where your tolerance for a further waiting period can begin anew.

Of course, in reality, nothing has changed — it is simply that your waiting has been transferred from one area to another.  Can this occur multiple times?

Apparently, the studies have shown that, yes, so long as the logistics of the waiting period have been altered — as in, say, after 20 minutes for the 2nd waiting queue, a nurse walks in, looks at you and places a folder into the filing basket attached to the door.  Somehow, that momentary interruption focuses the waiting individual that your time is approaching, that we have not forgotten about you, and you will soon be seen.

The psychology of intermediate contacts increases one’s hope for the end of the waiting period, despite the fact that the same waiting period continues — it is just that the hour’s wait is broken up into segments of three 20 minute slices, and that, according to all of the psychological studies, makes all the difference.

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, one of the frustrating aspects of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset, is the long and arduous wait that must be anticipated before a decision is made.

Expect the worst; hope for the best.  There are multiple stages to the process — of the Initial Stage; of the Reconsideration Stage; of an Appeal to the Merit Systems Protection Board; and even of a Petition for Full Review before the MSPB.

Thus, if you took all of the multiple stages, the “wait time” is tantamount to the slicing up of that very “wait time”, and the best way to give yourself the benefit of a higher percentage of success is to make sure that you increase your chances of getting it approved at the Initial Stage by consulting with an attorney who specializes in Federal Disability Retirement Law, lest you remain fuming in the Waiting Room where everyone else taps his or her foot while the collective blood pressures continue to rise.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Disability Retirement: Judgment

How does it develop?  Does youth necessarily, by definition, undermine the existence of it, and if so, why does such a “rule” become obviated by the old fool who rests his arms (and other elements of the anatomy) upon the shoulders of one who could be one’s grandchild, only not by birth?

Is life not linear, but circular, and thus do we all revert back to childish ways when old age and decrepit bodies reveal the sanctity of our fragile mortality?  When Darwinism prevailed upon the civilization of discontent, did we not recognize that ultimate reductionism to pure materialism would trickle down into a singular desire to discover the fountain of youth?

It is involved in both the process as well as the conclusion; to have good judgment is to necessarily engage in a careful weighing of all information, consider opinions and analyze relevant data, dividing significance from irrelevancies.  To make a judgment, or arrive at one, does not necessarily involve the former; one can have good judgment, yet make a bad one; but, then, retrospective evaluations would define the latter in light of the former, and vice versa.  How can quality of judgment mature without direct and consequential experience?

If a young driver, on the first day after obtaining a license, comes upon a primary roadway accessible from a side road, where cars are traveling at the maximum speed limit in both directions, including trucks and commuters rushing to meet deadlines and timelines; where, the new driver must traverse across one lane in order to make a left turn – what experience does he have to judge distance, timing, suppression of fear and capacity for quickness of movement?

Or, in either love or war, what is the foundation in which to act, or recognize the difference between hormonal ravages and meeting the lifeline of a soul mate destined for longevity; and in the trenches of the latter, to fire at the moving target that may not be a threat, but a child needing to rush to the facilities in the far-off village where rumors of enemies lurk?

What constitutes the finality of conclusions as to who possesses “good” judgment, as opposed to “bad”?  Wisdom, experience, analytical capacity and evaluative abilities – which came first, the chicken or the egg?

For Federal employees and U.S. Postal workers who need to make a judgment on one’s career, future, and decisions about timing, filing for Federal Disability Retirement benefits is an area where judgment becomes crucial.  There are many legal pitfalls and obstacles throughout the administrative process, and the U.S. Office of Personnel Management is a behemoth of an agency that can try one’s patience and defeat one’s purposive goals.

Lack of judgment is no crime, and not even a sin; but where such lack leads one to blindly enter into the arena of land mines, failing to consider legal representation is tantamount to the young driver who, in frustration of waiting at the busy intersection, closes his eyes and puts his foot on the gas pedal, hoping for a foolish act to defy the gods of fate, when all that was needed was for judgment to seek the advice and counsel of one wiser from years and experience.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The numerical veil

Statistical constructs indicate group shifts and movements; numbers, based upon controlled samplings, provide the substantive fodder for analysis of trends and patterns of population deviancies.  There is, however, the question of the incommensurate nature between mathematical paradigms and linguistic application; stated more simply, Do numbers hide more than reveal, and can anything be extrapolated from them and interpreted in terms we can understand and comprehend?

To a winner of the lottery, the numerical phantasm “one in a billion” remains meaningless; and to the dismissive statistical irrelevancy stated in language more readily comprehended, that there is a greater chance of dying in an automobile accident than from a shark attack, becomes inconsequential and of little comfort if you are laying in a hospital bed with a good part of your flesh missing from such a traumatic event.  That’s the problem with numbers, of course, and the use, misuse and abuse of statistical analysis; in the end, it depends upon how it is used, the methodology of discourse, and the manner of application.

To be hit by lightening may well be more uncommon than death by drowning, but if your job is to be a caddy for an eccentric billionaire who enjoys golfing on days of severe weather patterns, the generalizations ascribed by comparative mathematical analysis may be somewhat skewed.  And, of course, for romance of young couples who scoff at divorce rates and patterns affirmed by celebrity lives and the cultural meltdown pervasive throughout, the lack of life experiences, the want of provocation through trials and turmoils yet to be encountered and not yet encumbering, allows for hope, charity and a sense of optimism despite the universe which surrounds of cynical diatribes.

We take comfort in the veil of numbers, precisely because we can manipulate them in the ways we want.  Facing a bleak outlook, we can justify resistance with a dismissive wave of the hand (or that invisible wand of magic and sorcery) and declare, “Well, the chances are…”  Numbers never tell of the human emotions and toil of reality; they remain as cold mathematical calculations, jiggered and manipulated by the picture of emotionless bureaucrats who wear spectacles to magnify the inconsequential harm imparted upon the lives left behind.

And for Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?  Such individuals, whether under FERS, CSRS or CSRS Offset, become part and parcel of the statistical conundrum who once had names, faces and identities, but somehow became relegated into the numerical aggregate of “those” people who departed by filing an effective Federal Disability Retirement application through OPM, all because they could no longer perform one or more of the essential elements of the positional duties assigned.

Does such fear of becoming a mere irrelevancy of statistical obscurity make the Federal or Postal employee pause, despite the chronic pain or the psychiatric despondency which tells of the urgency to file for the benefit?  Probably.  Yet, beyond the numerical veil which hides, each Federal or Postal employee who departed and left behind such a statistical imprint, go on to live productive lives thereafter, with ongoing emotional ups and downs, as real people, living authentic lives untold by the hidden abyss echoing from the chambers of silent digits.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Myths of our own making

What stories we carry within our own heads; the narrative of our own lives, as well as the intersecting conveyances brought by others; the web of linguistic larcenies borrowed, bought and sometimes sold, become who we are and the essence of our being within the world of our phenomenology of existence.  Sometimes, when a lie is told and the piece of puzzle will no longer fit into the greater collage of the manifold tapestry we carry about within our psyche, a rearrangement of sorts must occur.

Perhaps, we discovered, through correspondence and other confirming evidentiary apparatus otherwise irrefutable, that the uncle whose reputation as the moral compass of fidelity had fathered an illegitimate child (of course, such an anachronistic term no longer applies, as marriage no longer validates legitimacy or otherwise).  Perhaps, a meeting with this “family” of prior anonymity becomes a necessity, which then opens experiential doors to other discoveries and nuances of life’s misgivings.

The narrative of one’s life, the connections intertwined and the stories told, must like the piece of a jigsaw puzzle misplaced, be rearranged or otherwise left blank, like the echo of a plaintive voice in a soft hum heard through a mist of cackling geese.  Are secrets worth keeping, anymore?

In modernity, where technology allows for the melding of myth and maxim; where demarcations between the creation of self and the posting of what constitutes the presentation of that being identified as the person who declares to be such, is merely one button away from the virtual reality of a gemstone shining in the moonlit cavern of a secret cave where treasures hidden from pirates of yore flutter with the ghosts of dead seamen and spinning yarns of horrors untold; what we are in the essence of our being has been replaced by the talent to tell of who we are not.  And yet — truthfulness, veracity, validation of identity, and certitude of conduct; they all seem to remain as vestiges of a necessary universe.

The myths of our own making have always been so throughout the history of storytelling.  Today, it is merely more so because of the plenitude of everyone wanting to tell his or her tale, and of every detail most of us don’t want to know.

For Federal employees and U.S. Postal workers who suffer from medical conditions which prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties with the Federal agency or the U.S. Postal Service, a unique sense of duality must be conquered:  there is the need, on the one hand, to “tell all” in the form of SF 3112A, the Applicant’s Statement of Disability; and, yet, what must be revealed concerns the most “private” of one’s narrative — that of the medical condition and the impact of the medical condition upon one’s professional and private lives.

“Myths” are not merely of make-believe; they are the stories told in traditional societies in order to make a larger point.  Indeed, the myths of our own making may sometimes include the fears we hold onto, as well as the uninformed presumptions we grasp at in a bureaucratic process which is both complex and administratively difficult to maneuver through.  Sound advice from a legal expert in the area of Federal Disability Retirement law will help to dispel the myths unwarranted, as well as validate the maxims required.

In the end, the myths of our own making often reflect the haunting fears of experiences we encountered in those days when childhood memories cast their shadows upon the dungeons of our lives, and when trolls and gnomes suspected to reside in hidden crevices scratch at the doorways leading to the most private of our inner fears.

Sincerely,

Robert R. McGill, Esquire