Tag Archives: employee with disabilities quitting government civilian job

Federal Disability Retirement Law: The Exponent

In math, it is the symbol indicating the operation of raising from the base.  In modernity, it is the quickened pace of the life we live, beyond the scope of our own humble efforts to control.  In reality, most of life passes by within a whirlwind of work and sleep, with small interludes of memorable pieces of times spent otherwise.

Sanity is challenged exponentially; stress has increased exponentially; the lights, the sounds, the constant noise from the streets — all, a greater volume of exponential capacity beyond what the human ear can sustain, resist or otherwise bear.

Have our bodies and minds kept up — exponentially — with the increase of the world around us?  Or, do we remain within the evolutionary accident of the slow but steady adaptive genes trying to allow for the natural law of “survival of the fittest” to catch up, all the while merely remaining where we were tens of thousands of years ago — of the exponent of “1”?

Federal Disability Retirement is a law which recognizes the incompatibility between the medical condition — an exponent of many — as against the type of duties required of a position.  Incompatibility occurs when the medical condition(s) suffered are no longer compatible with continuing in a position where the various elements of the position can no longer be satisfied.  It is based upon the identical principle as the exponent — the contrast between what is required in modernity as opposed to the capacity of the human mind and body.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal worker to continue in his or her career or job because of the incompatibility between the medical condition and the position/job, consider that the exponential incompatibility between the chronic medical condition and the positional requirements may be the basis for preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law and consider increasing the chances of an approval of your Federal Disability Retirement application by hiring a Federal lawyer who specializes in the practices area of OPM Disability Retirement Law, thereby increasing that symbol indicating the operation from the base — the exponent — resulting in a successful approval.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Medical Retirement Legal Representation: Inertia

It is the comma before death, the pause before becoming lifeless.  For a living entity, it is tantamount to self-destruction.  It is the point of inactivity and the silence of the moonscape where life perhaps once was, but the dust which settled has been there for quite a bit of time.

Inertia is not the natural state, but an unnatural one when life is at stake.  Observe the birds and their activities; the crocodile who lays still at the bottom of a bog, only to suddenly lunge for its prey who considered that the water’s inertia was a safe haven of seeming quiet; or the constant and perpetual motion of a squirrel who seeks the nut dug and safely hidden the previous week or month.  In all, the negation of inertia is life itself.

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, inertia constitutes the progressive decline of one’s past history of productivity and career.

Countering that inactivity — in other words, to fight against inertia — is to seek a different career, a diverging path and an alternate course of living; and filing for Federal Disability Retirement is one option to consider.

Call a Disability Retirement Lawyer who specializes in FERS Disability Retirement and consider the benefits of rebutting the progressive inertia of a medical condition.  For, inertia is the rule against life; productivity, the law of living nature.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement: Knowing where your dog poops

It may seem like a minor thing, but such seemingly insignificant knowledge often represents a metaphor for greater and more relevant factors.  What happened the previous day can set the tone of how the next, succeeding day will turn out.  There is, in life, a repetition and rhythm that is fairly predictable; and when that monotony of comforting recurrence is suddenly gone, one’s world and the universe of dependability can suddenly appear shattered and unreliable.

Dogs tend to poop in the same area, and their “habit” is fairly predictable — much like human beings. Knowing where your dog poops in the back yard is important if you accompany them in the early morning hours of the following day.  As the old adage goes, you don’t want to “step in it” — whether in your back yard, in someone else’ yard, or in a public park where some inconsiderate individual didn’t “curb’ their pet.

Life itself is a metaphor for things common, and knowing where your dog poops — or where all of the dogs of the universe have relieved themselves — is a lesson about trying to keep yourself out of trouble, embarrassment, discomfort, or a combination of all three.  For the most part, we learn in life to do just that — to avoid certain areas; to keep away from certain trouble spots; to remain reserved and cautious.  But then, there are other issues that crop up that we have no control over — such as a medical condition or an injury that occurs over which we have had no say-so, no control over, and certain ones which we could not avoid.

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 constant striving to know where your dog poops — of trying to hide from the wrath of a supervisor, or of hoping that your agency will not notice how much SL or LWOP you have taken; of the work that hasn’t been done because of your medical condition; of trying to avoid being noticed too much for fear of retribution — in other words, of trying not to “step in it” — can become exhausting and daunting.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the “perfect” solution, but it is a step towards regaining some semblance of balance in one’s life so that, when you are approved for Federal Disability Retirement, you will once again know where your dog poops, even if it is dark, in the middle of the night, and the dog itself is unsure.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help: The Man from Mars

It is a strangeness that cannot be avoided.  Sort of like Thomas Nagel’s famous philosophical essay, “What is it like to be a bat — for a bat?”  It is the “for a bat” that makes all of the difference; for, as Nagel himself pointed out, it is easy to imagine what it is like to be a bat — i.e., have wings, fly in the dark of night, screech, eat bugs, etc.  However, the uniqueness of actually being another creature — of having a separate and distinct perspective from that of a human, man-centered purview — is something that we will never be able to achieve.

Others, like those in Daniel Dennett’s camp, counter that there is no Searle-like “ghost in the machine”, and that consciousness is merely comprised by the aggregate of the neurological connections that make up the human body, and there is nothing metaphysical beyond the physical, no “trans” or “meta” existence beyond the firing of neurons and wired transmitters — in other words, the uniqueness of an individual is nothing beyond what we see and experience.

The cynic, of course, would look at the neanderthal that we have become, where we stare into our Smartphones like zombies and laugh uproariously as the crudest of jokes, and nod in agreement.  But what of the experiences of the extraterrestrial — does that shed any further light upon the issue?

Take, for example, the concepts explored in works like, The Man who Fell to Earth, starring David Bowie, or Robert Heinlein’s story of science fiction, “Stranger in a Strange Land” — where an alien culture and perspective meets with the consciousness of the banality found on earth; is it any different than when Native Americans first saw the ships appear upon the horizon of the Americas?  What is the natural response of the Man from Mars, and what is our response when confronted by an alienation of cultures, processes or foreign encounters?

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 strangeness of the experience itself is often daunting, at least in two or three ways: First, the medical condition itself is a phenomena that is alien, where previously the Federal or Postal employee was a healthy, vibrant individual.  Second, the fact that the Federal or Postal employee cannot “do it all” is another foreign concept that one has to adjust to, and that is often difficult enough.  And Third, the experience of meeting adversity and sensing a negative reaction by one’s own Federal Agency or the Postal Facility one works at — that, too, is a foreign and alien experience, where before the Federal or Postal employee felt like he or she was a member of that “team”, and now the treatment accorded is one likened to a plague or infectious disease.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether he Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often an experience likened to the Man from Mars — and because of this, the Federal or Postal employee who needs to consider Federal Disability Retirement might want to consult with a tour guide, otherwise known as an attorney who specializes in the attractive sights on Mars and within the purview of the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Benefits: Confused confusion

Why confuse the confused?  Why confuse further the confusion that already confused even the least of the confused?  Why add to the confusion when the confused are confused enough as it is, and when confusion should be relieved by less confusion instead of confusing everyone further by adding to the confusion?

Life is confusing enough, and it is amidst the confusion of life’s state of perennial confusion that we seek relief from the confusing state of affairs, but which often leads to further confusion because we ourselves are confused.

It all began in childhood when first we entered the ice cream shop and had to choose between vanilla, chocolate and strawberry flavors — and we turned to our parents wanting all three, or one of them, or perhaps two out of three, and we admitted mournfully, “Mom, I’m confused.”  Then, the next summer, we stepped in line and looked up at the offerings, and there were 3 more flavors added — of caramel-something-or-another, chocolate mint and peach; and from thence forward, choices for unlimited quantities of alternatives offered bombarded our sensibilities and overloaded the limited circuitry of life’s options.

Then, of course, there was the “fax machine” that began it all — not having to have to wait for the snail mail to carry back and forth the correspondence that was being typed first on a manual typewriter, then an electric one, then a “word processor”, then a tabletop computer, then a laptop, and then the smartphone and beyond — where every written piece of memorialization could be instantly received, to be further replaced by emails, attachments to emails, shared documents and instantaneous transmissions through the netherworld of constant connectivity; and we wonder, are we any clearer within our lives than before the confused confusion we experience today?

For Federal employees and U.S. Postal workers who believe that the Federal Disability Retirement process is a rather confusing administrative morass, such a belief would not be unfounded.

The complexity of the process — of what meets and constitutes the “preponderance of the evidence” test; of the multiple and various case-law precedents that determine and define the eligibility criteria for a successful Federal Disability Retirement application; to the confusing language contained in SF 3112C that will supposedly “guide” the treating doctors into providing the necessary medical information in order to successfully meet the eligibility criteria — all of it is inherently and purposefully complex and confusing.  How does one cut through the thickets of confusion?

To begin with, confusion is sometimes confused with complexity; and though they share some characteristics, the difference between the two is that while one possesses inherent elements which may lead to confusion, the other (confusion) is not necessarily defined by them.

Federal Disability Retirement is a complex administrative process, and the confusing elements within the process can lead to later complications unless clarified at the early stages.  To do so — i.e., to clarify the confusions and simplify the complexities — the Federal or Postal employee may want to consult with an experienced attorney who specializes in that complex and confusing area of law identified as “Federal Disability Retirement Law”.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The light in someone else’s home

Walking the dog out past dusk, or perhaps standing in the backyard after the sun sets; or, in an apartment complex looking out beyond; a light turns on in someone else’s home; we wonder, who is it, what are they like, and how different are they?  Do others, upon seeing the light switched on in your home, wonder at the owner — the possessor of the finger that flicked the contraption that illuminated the room and altered it from darkness into a visually acute arena of human activity?

Why do we spend so much time pondering about alien lives in other worlds, in faraway universes beyond our very own, when scant little attention is paid to knowing about our next door neighbor?

Some would give a quick scoff at such a thought and quip, “If only you knew my next door neighbor — you wouldn’t want to know!”  And yet, it is always the one that is “just beyond” that attracts our attention — not the person sitting next to you on a train, or the woman with three screaming children on public transportation; rather, it is the unseen stranger who flicked on the light switch afar, whom we cannot see but by shadows that pass behind the blinds that veil; that is the person who sparks an imagination that there are other lives, other ways to live, and who remind us that the light in someone else’s home means that there are other ways of seeing things, living life and having different opinions, goals, dreams and conversations.

The objectivization of other human beings is the basis by which murders are committed, wars are justified and slogans are written; it is only when the warmth of a light that suddenly illuminates the darkness that prevailed begins to permeate one’s consciousness of what it all means, is when human empathy and compassion begins to form.

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 light in someone else’s home is the one left unlit, and that is often why the harassment begins, the coworkers remain uncaring and the agency seems oblivious to your deteriorating health.

It often seems as if the world cares not; that, despite your years of loyalty shown, late-nights expended to complete an important agency project, or staying beyond the hours to finish the sorting, distribution and delivery — now it is supposed to be someone else’s turn to switch on the light and carry forth the mission.

Preparing 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, may be the only option left.  Whatever the conditions, it is no longer the light in someone else’s home that should be of concern, but the darkness left in your own that needs to change, by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to OPM.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability Retirement: Thinking it through

What does the concept even mean?  When we guide the child with such a statement, we are asking that the formative years of impulsive reactivity pause for a moment to try a different approach.

“Think it through” – is an admonition to figure out the tangled web of problems by applying a sequential, logical methodology where frustration should not impede, and when patience becomes the friend of success.

“Thinking it through” is a reminder that there is indeed a solution, but sometimes the problem will only be sorted out if some further time is given in reflective pose, or Sherlock Holmes-like investigative intuition based upon the scientific paradigms of rationality.  Yet, one must also be reminded of the fact that “solutions” to problems do not always lead to satisfactory conclusions; sometimes, there are a finite set of alternatives, and no one of them may be an option that one delights in.

But, then, life is often like that, isn’t it?

We are beset and faced with a challenge; we review them, thinking each one through, and in the end, we face a dilemma where the solutions offered or revealed are not necessarily the ones we like; nevertheless, we must choose, like entering into an ice cream parlor at the end of a summer’s day only to find that all of the favorite flavors are gone and we are left with rhubarb spice and cotton-candy mixed with peanut butter drops – somehow, not the best of combinations and understandably left for those who came too late.

Then, of course, there are the questions for everyone who posits the answers as “thinking it through” – does the person have the sufficient knowledge and preparatory tools to actually figure out the problem?  Or, are there necessary pre-performance insights that must be gathered first, before the proverbial “key” can be used to solve the problem?

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 positional duties, the question of “whether” to file for Federal Disability Retirement benefits is best left to the Federal or Postal employee who recognizes the wisdom of the incompatibility between the Federal or Postal job and the medical conditions suffered.

It is only the “how” to file that needs some “preparatory” work and knowledge; for, that part of it involves the law, the regulatory morass and the bureaucratic complexity of submitting the Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For the latter, “thinking it through” may not be possible without the insight and knowledge of a Federal Disability Retirement attorney who specializes in that field of law exclusively.

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 Disability Retirement: The lethargic state of tacit acceptance

Life has a way of beating down.  Whether it is from the constant drudgery of daily responsibilities, or perhaps the overwhelming bombardment of the harsh technological stimuli foreign yet to the still evolutionary sensibilities of nature’s slow progression for adaptability; the human body, mind and soul, while possessing a capacity for resistance greater than many other species, nevertheless is contained by limits of restrictive mechanisms tested daily beyond the tolerance of allowable endurance.

It is often said that time and age will take care of any youthful idealism; for, as cynicism is the property of the older generation, folly is the playground of the younger.  Falls resulting in laughter, as opposed to empathy; tears paused by applause, as want of sympathy; but as we grow up on morsels of victorious tales from mythology and storytellings from the warmth of loved ones, that security which we were once wrapped in quickly becomes a tattered shawl unable to conceal the victimhood which haunts our inner soul.

Acceptance of one’s plight has been, throughout man’s history, the basis for longevity and survival; and the quietude of a tortured soul, nowadays, may result in a bloodletting untold in former times for their atrocity and ferocity for purposeless mayhem.

It is that lethargic state of tacit acceptance which we always have to battle against; for, we know not when that moment of quantified bevy reaches the point of no return and the boiling level of overflow; and, for each of us, the threshold of that which constitutes “enough is enough” is variable, as the genetic predisposition for an explosive overflow depends upon birth, character, and the historicity of experiential phenomena which all of us carry within as the baggage which is unseen but which exudes like gangrene and spoiled milk wreaks of a rotting soul.

For Federal employees and U.S. Postal workers who have reached that point of despondency, where a medical condition has prevented the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties at the Federal agency or the U.S. Postal Service, the time may have come, already passed, or may be nearing, when the liveliness of the inner psyche once running barefoot through the pasture of timeless childhood memories has transformed into the mummy-like vestige of what once was, and now in danger of a metamorphosis into the lethargic state of tacit acceptance.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not always seem like a “positive step”, and may have the appearance of stoppage, cessation or even a terminal conclusion pausing forward progress; but in the end, it is the health of the body, mind and soul which should dictate the priority of one’s actions, and not a career which will go on in the bureaucracy of the Federal agency or the U.S. Postal worker, whether that rotting essence lives on for a more hopeful tomorrow, or remains quietly rotting in a lethargic state of tacit acceptance.

Sincerely,

Robert R. McGill, Esquire