Federal Disability Retirement: The Battle of Spring

There are various “battles” of historical import, including “The Battle of Britain”, “The Battle of the Bulge”, and many others besides, whether popularly so named or forgotten within the annals of history’s short memory.  Then, every year, around this time where April and May meld into a battle of morning frosts and potentially damaging tug-and-pull between winter’s discontent and spring’s yearning for the robin’s call, we wake up one morning and realize that the desolation of winter has finally passed.

Isn’t that how life is, often enough?  There is that in-between period, where tension remains and uncertainty abounds, until the final resolution appears unnoticed, like the unwanted friend who stays beyond the welcoming time of twilight conversations only to finally depart, and the unpleasantries exchanged during conversations left imagined fade into the inglorious memory of yesterday’s sorrows.

Medical conditions, too, are a “battle” of sorts, and create a tension that will not let go, will not release, and will not give up despite every attempt to ignore, placate and shun.  The stubbornness of a medical condition cannot be ignored; its impact, unwilling to be forgotten; and its tension, unable to be released.

That is why, 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 job, the tension and anxiety formed by the very existence of the medical condition is likened to the many “battles” that we face in life.

Perhaps it is a metaphorical observation; and like the allegories that give life-lessons, maybe there is an underlying meaning that can be extracted from the trials endured.

In the meantime, what the Federal or Postal employee needs to do, is to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in order to release the tension that exists between work and life, work and medical condition, work and ….

The Battle of Spring will come and go, just like all of the other “battles” that have been fought throughout history; and this private battle against the medical condition itself is merely a private friction that also needs to be fought, on terms that create a more level playing field by consulting with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Sad stories

Is sadness relative?  Are there sad stories that are so sad that even the ones that were considered sad prior to the sadder story being told, somehow nullify the lesser sad stories and make them into not sad stories?  Do we, after hearing the sadder tale, turn to the first story teller and say, “Yours was not so sad, after all, and in fact you have it pretty good”?

If a person tells of having just buried his mother, and you ask, “How old was she?”  He responds, “She was 95”.  Then, someone else says, “I just had to bury my 5 year old daughter.”  There would be a dead silence, would there not?  Surely, we say to ourselves, the death of a person who had a long life is not nearly as sad as the ending of one so tender in years, and as death is merely a part of life, there is something inherently sadder about the child’s life ending than that of a person who had a long life?

Both represent a life ended, but it is the knowledge that the former had fulfilled the natural course of a life while the latter was the victim of an early tragedy, unnaturally ended and interrupted for all of its promise, hope and anticipation for the future – surely, there is a qualitative difference between the two sad tales?

Or of someone who was recently fired from a job and is desperately trying to seek new employment; say that person is looking through the want-ads in the employment section (yes, yes, that is entirely outdated nowadays with special apps for resume-sharing and online submissions, etc.), and in the course of searching, reads a story about a far-off country where war, famine and general devastation are ongoing, and discovers with interest a sub-story about a family that is homeless and is being hunted down by enemies, etc.  Does one at that point straighten one’s posture and declare, “Wow, even though I am jobless, I have it pretty good in comparison to that family in country X”?

Yet, if sadness is relative, does that necessarily negate the sad tale completely, or does it merely reduce its impact and value until another comparative judgment is made?  Do we go and search out a less sad tale after debunking the sadness of one’s own with a sadder tale, in order to “restore” the sadness of our own?  Or, does each sadness remain a sadness in isolation regardless of the comparative sadness to another’s?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the sadness of that medical condition becomes such and to an extent where the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, it may become necessary to prepare, formulate and file an effective Federal Disability Retirement application, ultimately filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sadness aside, every tale of ending a career is a sadness in and of itself, but the key to getting beyond any such sadness rests in the next steps, not in the footsteps of one’s past or those of others, but in getting good legal advice and moving on into the next phase of one’s future.  Anything else would, whether in comparison to another’s sadness or not, be the truly sad tale of sadness defined.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: Perspective versus reality

One may counter that the contrast is no different than that which we encounter daily, especially in this universe of millennials and post-millennial era – of opinion versus fact, or truth versus falsehood (and now the new one, of “news” versus “fake news” or “facts” versus “alternative facts”).  But “perspective” versus “reality” has some subtle nuances that need to be explicated.  For one thing, one’s perspective may be identical to the reality one possesses a perspective upon; or, more likely, it is merely an interpretation that may differ from someone else’s.

One could, of course, argue that all of reality is merely a perspective, and this would comport with the Kantian view that our phenomenological experiences can never depict the “noumenal” universe (Kant’s verbiage) that is outside of the categorical impositions of our human make-up, and that therefore the human perspective is something that cannot be avoided, anymore than a dog’s perspective can be assumed or challenged, or a bat’s perspective (refer to Thomas Nagel on that) would be understood or comprehended by a human’s perspective.

In other words, we can never completely disown the perspective imposed by the innate structures of our own “kind”, and thus it may be an error to ever represent a contrast between “perspective” and “reality” (thus the misnomer of the title above, “Perspective versus reality”), but should always encompass and embrace a commensurate connection of “Perspective of reality” (a consonance of the two) or “Perspective and reality” (a conjoining compatibility of both).

Yet, we know that certain people interpret things differently from what we believe constitutes an accurate portrayal of “reality”.  However, so long as we stay within certain confines of accepted normative interpretations, we rarely contest or openly disagree with alternative depictions, unless it is to obtain a consensus that somehow disproves the validity of the other’s portrayal (i.e., “Yes, but John, Joe and May agree with me”, as if quantification of perspectives somehow diminishes the accuracy of another’s; as opposed to saying, “Well, Copernicus thought otherwise while the rest of the world continued to maintain a geocentric perspective of the universe” – unless, of course, you are ignoring the “rest of the world” to include China, Japan, etc.),

Yet, there are factors that have to be considered when discussing the distinction between “perspective” and “reality”, and one of them often involves medical conditions – an element of reality that often skewers perspective.  That is why, for a Federal or Postal employee who is considering 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 importance of relying upon accurate information, good and sound legal advice, and a straight and narrow path towards a successful outcome with the U.S. Office of Personnel Management (no matter the length of time it may take these days), is important.

For, medical conditions will often alter the perspective of an individual as to the reality of one’s situation, and so it is an “outside” source (the medical condition itself) which needs a counterbalancing force (otherwise referred to as an “objective” advocate, i.e., a lawyer) in order to present an effective, objective, persuasive representative in order to “re-present” the perspective of the Federal Disability Retirement applicant.  Thus, in short, it is a perspective versus reality issue, and thus not entirely a misnomer as previously stated.

Sincerely,

Robert R. McGill, Esquire

 

FERS/CSRS Disability Retirement: Of tripe, tropes and trickling trivialities

One rarely thinks in terms of multiple stomachs, but certainly cows have them; but when we consider the tripe of language, we project only the inherent foolishness of man.  Of tropes, we may envision a higher calling; though, of course, figurative speech requires greater imagination and creativity, and the dullness of many falls back naturally into either the first or second stomachs of the bovine kind, and not merely to be digested and emitted through the natural canals of intestinal tracts, but by metaphorical heights of human depravity.  Then, of course, there are trivialities, and most of the drip-drip-drip sort, and never in voluminous waves of profundities, but merely superficial utterances of inane particles.

Much of everyday phenomena falls into one of the three categories; and of the first, it allows for wiggle-room into a fourth because of the dual definitions presented.  Indeed, there is great similarity between tripe and truth.  In actuality, farmers will tell us that the cow has only one stomach, but with four distinctive compartments, identified as the Rumen, the Reticulum, the Omasum and the Abomasum.  It is the last of the four which actually digests the food, but the first three allow for the complex mixing of saliva and digestive enzymes, the processing and breaking down of the products of the earth taken in – sort of like an organic factory.

That is the awe of it all, isn’t it –and the irony; for, we see the bovine creature, stoic with its forlorn eyes, standing in its own manure in order to be treated as an assembly-line receptacle in order to produce products to be shipped across the country, and contained within its multiple compartments comprises a reflection of the type of efficiencies which we attempt to mirror and copy.  And then, on top of it all, we slaughter and tear out the first two or three in order to create delicacies for those who prefer the delectable entrees of chefs known to make masterpieces out of common fodder.  Of tropes, of course, we categorize as thoughtful reproaches less evident because of their figurative requirements; but of trickling trivialities, we have to endure because much of society has become entrapped by the inane details of personal lives and stardom’s prurient interests.

For Federal employees and U.S. Postal workers who are considering 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 beckoning call must come neither from tripe, nor tropes, nor even from trickling trivialities.

For, in the end, the need to file for Federal Disability Retirement benefits comes about precisely because the seriousness of the medical condition compels one to view other problems as mere trickling of trivialities; that the suffering, pain and anxiety created by the medical condition is no longer a figurative existence like the tropes of literature; and with great certainty, we come to recognize that the digestive processes of a tripe cannot cure the reflective need to change the produce of a world uncaring, even if it is sifted through the complex compartments of a bovine creature, leaving aside the inane foolishness of the world’s loss of character in a life still valued for future engagement.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Avoiding the anarchy of thoughtless acts

Life requires acting; successful living demands thoughtful acts.  Every good stage manager recognizes the signs; there are those who float through the script, with nary a cognitive engagement; others who involve themselves with an exhaustive turmoil of stipends unpaid; and still, those who think that talent alone will carry one through, despite the mediocrity which has surfaced unabashed, and where fingerprints left behind of tattered devastation betraying the lack of success.

Do we ever really “get over” our own ignorance or arrogance?  It is said that the two go hand-in-hand, like cousins who dress identically, or twins who hide their natural jealousies by inventing figments of unborn siblings.  It is because we need to compensate for our ignorance that our arrogant character traits surface; and by our arrogant personalities, we reveal the depths of our vacuity.

In history, there never has been a successful civilization based upon anarchical designs; despots and totalitarian conduits aside, such an institutionalization of disarray would never work.  We already have that in supposedly “organized” governments: bureaucracies of mammoth proportions that continue to thrive on indolence and disrepair.

In a state of anarchy, there isn’t even the semblance of competence; as everything is allowed to work without rules, principles or vicarious rationalizations for perpetual existence, so the inherent despair of personal destruction would prevail over any healthy ego or psyche which attempted to reassemble and reorganize.

But what of individual acts?  Does cruelty originate from an anarchy of thoughtless acts, or do they appear from a deliberative consciousness of knowing resolve?  Must institutions reflect the disarray of individual minds, or does a collective anarchy somehow transcend the singularity of thoughtful vacuity, and translate by pure osmosis a secularization of bifurcated consciousness?  Since when was cruelty excused because of lack of thought, when all throughout history it was precisely that principled requirement which mandated good manners and decorum of proper living?

We have come to a point in history where we have accepted a degraded standard, an institutionalization of mediocrity, and thus the faceless shame of inhumanity.  In the end, we will pay a price for such a state of concession, with a thousand cuts inflicted daily.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of his or her positional duties, the daily harassment, hostile environment and constant bludgeoning of the fatigued workforce is but a microcosmic reflection of the greater macro-indicia of a world gone mad. One may take some consolation in the dismissive aside that, “It is nothing personal” – but that is indeed some minor conciliatory excuse.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the best option available, but it is that which attempts to preserve a scintilla of dignity, as a safeguard away from the daily imputation of cruelty designed, and a means to avoid the anarchy of thoughtless acts.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: Causality

Worker’s Comp requires it; Social Security disregards it; and OPM Disability Retirement shifts the issue into a different arena.  “Causality” encapsulates the relationship between two or more events, where one is thought to result from another, or put a different way, where “responsibility” for a given effect is attributed to a prior conditional occurrence fulfilled as sufficient to warrant as being the “cause” of that event.

In a Federal OWCP case, administered through the Department of Labor, one must prove that the injury or medical condition was “caused” as a workplace incident or occurrence, such that the “event” occurred or was somehow connected to the employment itself.

For Social Security Disability cases, causation is normally not an issue, since the basis for eligibility is not concerned with any singular event, but rather, whether the person filing for Social Security Disability benefits meets a standard definition of being “totally disabled” from gainful employment.

For Federal OPM Disability Retirement benefits, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, the issue is not one of causation, but rather, the relationship between one’s medical condition and the attributable impact upon one or more of the essential elements of one’s job.

Thus, there is, in a different sense, a case of causality to be made, but the relationship between A and B has shifted, where it matters not “how” it occurred, but rather, “whether” the medical condition prevents (causes) one from performing one or more of the essential elements of one’s job.

In the end, causation in a Federal/Postal Disability Retirement application is irrelevant in the traditional sense that one normally accepts, but the shifting focus of causality is important to keep in mind in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: Agency Adverse Actions

Calamities coalesce in concurrent coordinated couplings; often enough in life, when one action is engaged, another follows in reactive reflection.

For the Federal employee or U.S. Postal worker who has a medical condition, such that the medical condition impacts one or more of the essential elements of one’s job, the necessity to, or mere hint of the need 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, often invokes a concurrent action on the part of the agency.

Whether such actions are mere coincidences (unlikely); retaliatory (a good chance); or deliberatively intentional (often enough) is anyone’s guess.  Trying to figure out the underlying motivation of agencies is merely a waste of one’s valuable time; what to do with the agency’s adverse actions, is the more productive approach to embrace.

The argument that finds some precedence for OPM in arguing against a Federal Disability Retirement case, is that somehow the Federal Disability Retirement application was merely a pretense to avoid termination, and thus is somehow invalidated.  But, in fact, the reverse can be argued as well:  Because of the medical condition, the agency’s adverse actions reflect the poor performance, the excessive taking of SL, LWOP, etc., and irrefutably confirms the validity of the Federal Disability Retirement filing.

What the agency’s adverse action states; how it is characterized; what surrounding correspondence exists; and the extent of one’s medical documentation around the time of the agency’s actions, and prior to, are all important components in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire