Attorney for Federal Disability Retirement Claims: The unread novel

Is it as irrelevant as the one that is read but quickly forgotten?

Writers are a funny breed; their very existence, significance and existential relevance depends upon the interests of others.  Isolation is inherent in the vocation itself; for every writer is a singular and lonely depiction of an inner battle of cognitive construction, the soliloquy upon a blank slate endeavoring to create, to master, to show and to imagine; and of what nightmares and horrors the writer must endure in order to transfer self-doubt upon the paper, or the virtual existence that spans the spectrum from despair unto public acknowledgment.

The unread novel exists in drawers and cubbyholes forgotten and unopened; and like Bruno Schulz’ lost novel, The Messiah, the shot that killed before the fruition of greatness came to be may reverberate with a nothingness that no one knew, precisely because, to not know something is to not experience that which cannot be grasped, where ignorance is merely the negation of an emptiness never experienced.  Which is worse — to be never read, or to be read and forgotten, or to be read, remembered, then slowly dissipate from the minds of appreciation over an anguished length of time?

The unread novel sits like the individual who once was recognized — a solitary figure who was once appreciated, known, recognized and even sometimes applauded; then the starkness of anonymity reminds us all that such recognition is fleeting, temporal, like the winds of history that grant accolades to rising stars only while the smile lasts and the last salute is given to the parade that slowly fades.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has begun to impact one’s ability and capacity to perform all of the essential elements of the Federal or Postal job and positional duties, the feeling that the Federal or Postal worker undergoes is often likened to the unread novel that sits in the drawers of anonymity.

Perhaps you were once recognized and appreciated; now, it is as if the medical condition itself has become an infectious disease that everyone else is loathe to catch.  The Federal Agency or the Postal Service is beginning to treat you like The Plague.  You fear that your career — like the Great American Novel that was once thought to be a success — is coming to an end, and the harassment and furtive looks have become emboldened in a way you previously could not have imagined.

It is then time to begin to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether you as a Federal or Postal employee are under FERS, CSRS or CSRS Offset.  For, like the unread novel, the drawer within which you sit in solitary despair will not make the unfamiliarity of it become a great success; that, in the end, is a decision only you can make, as to a future where the unread novel remains so, or a step forward to change the course of human destiny.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Why we endure

Why, indeed?  We have all come to a point where we have just had it, and want to “chuck it all” in – into what, we often only have an obscure sense, or none at all, but it is the feeling of having reached a pinnacle of despair and those proverbial depths of despondency.  There is, fortunately or unfortunately, no hidden corner or secret room to which we can scurry away to, never to be seen again, remain unnoticed and left without the troubles of the day.

Why do we endure? Because others depend upon us; because to do otherwise would disappoint those we care for; by duty and obligations which compel our actions and form our thoughts; to avoid a sense of guilt; because life isn’t all those doldrums we sometimes complain of, but can sometimes have a spark of sunshine that makes it worthwhile; and for a host of multiple other reasons that we may not think of at this moment, but know to exist because we have continued to endure in the face of challenges and tumults of life that, for some, would constitute that breaking point, but for those still “in the race” and fighting “in the thick” of things (whatever those pithy and inane sayings of trite trollops really mean), we just continue to trudge along.

For some, perhaps the question of “why” never comes up – and like dullards who are happy to remain in the sullenness of life’s garbage pits, ignorant bliss is the best state to be in, while those who constantly complain about the minor irritants of life’s misgivings never stop to smell the roses along the way (there, we have managed to state the penultimate triteness of linguistic pithiness).

For Federal employees and U.S. Postal workers who ask the same question in the face of medical conditions experienced and suffered, it takes on a new meaning when workplace harassment begins to intensify, especially because the benefit of filing for Federal Disability Retirement is there precisely in those circumstances such that the “why” is answered when a Federal or Postal employee can no longer perform one or more of the essential elements of one’s Federal or Postal job.  It is precisely so that the Federal or Postal employee would not have to endure the pain, suffering or the cognitive decline in direct connection and nexus to the essential elements of a Federal or Postal employee’s official position in the Federal or Postal sector, that OPM Disability Retirement benefits are offered and able to be secured.

While filing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is a long and arduous bureaucratic process, nevertheless, filing a Federal Disability Retirement application is that avenue and course of action that answers the very question we sometimes must ponder and posit: Why we endure?

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees Disability Retirement Benefits: Weather and the Prognosis

Prognostication of weather, beyond a day (or sometimes a couple of hours) can be treacherous and self-defeating.  With enhanced computer networks which reevaluate information as it is fed with information concerning patterns of predictability, shifting atmospheric changes and spectrums of barometric alterations; cumulatively, a pie in the face is preferable despite advanced technologies allowing for respectable predictability.

Similarly, the medical field is expected to provide predictions of future events and as-yet unforeseen consequences.  Because medicine is considered a “science”, the level of accuracy is required beyond mere witch’s brew, or the spell of waved wand cast upon an unsuspecting eye.  Thus do doctors engage in percentages and probabilities; of mortality, X-percentage, give or take a few months, based upon studies delineated in some obscure journal presumably respected and hidden in the esoteric towers of ivory bastions.

For Federal employees and U.S. Postal workers who are contemplating filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the requirement for Federal and Postal employees includes information that the medical condition will last a minimum of 12 months (from the date of filing for Federal Disability Retirement).  Persistent and prevalent misinterpretation of this requirement pervades; one often hears the belief that the Federal or Postal employee must be away from work, or otherwise incapacitated, for that period of 12 months before filing.  Nothing could be further from the truth.

The requirement is merely one which denotes a prognosis or prediction, no more than what the medical field can predict and what the weather can portend.  It merely means that a Federal or Postal employee who suffers 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, will be so prevented and impacted for a minimum of 12 months.

Any doctor worth his or her salt can provide a prognosis of how long the medical condition will last, and whether or not such a prognosis is as accurate as the 10-day forecast promulgated by weather entities is often irrelevant.  For, in the end, the Federal or Postal employee who suffers from the medical condition and who needs to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, knows in his or her “heart of hearts” how long the medical condition will last, whether it is for a day or a season, or a lifetime of chronicity requiring longterm care and treatment.

As one’s own body, mind and soul rarely mistakes the shifting changes of life, so the weather and prognosis of one’s own health can be established through the experience of pain, agony, and the pounding of deterioration perpetrated upon the vulnerability of a mortal being.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Human Perfection

Human perfection, it would appear, can be achieved.  How?  Simply by altering the definition of terms and utilizing the malleability of language, the short attention-span of historical memory, and the capacity of people to fool themselves.  It is the methodology of “moving the goal posts” once the opposing team comes within striking vicinity of scoring in a game; instead of tinkering with the substance of the issue, we merely change the rules of application.

Such actions certainly reveal the disconnect between language and reality, where the former reflects the gymnastics of linguistic flexibility without direct connection to the latter, and where the latter can continue to remain unchanged despite the radicalization of the former.  It is the universe of Orwellian reality, where one may declaratively assert the truth despite empirical evidence to the contrary.  But there are limits to such an approach.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the progressively deteriorating nature of the diagnosed medical condition, in and of itself, is just such a limiting factor.  Try as one might, you cannot “fake it”, or even if you can (for a time or a season), the nagging reality of the chronic and pervasive immediacy of pain, debilitating symptoms, and overwhelming fatigue tends to make irrelevant such attempts of avoidance, neglect and attempted pigeonholing of the medical condition itself.

Language is ultimately meant to connect the objective world with the capacity to communicate through the insular subjectivity of thoughts, responses and feelings; instead, in modernity, it is too often used to validate the subjective universe of narcissistic egoism.

For the Federal employee and the U.S. Postal worker who has come to a point where language can no longer redeem the reality of one’s medical condition, consideration needs to be given for filing a Federal Disability Retirement application through the U.S. Office of Personnel Management.  The Federal or Postal employee can only use the malleability of language only for so long; and just as perfection is never truly achieved just because we say it has, so the mere fact that the Federal or Postal employee asserts that the reality of the medical condition will “just go away”, doesn’t make it so.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Medical conditions and the “to-do” list

We often approach everything in life in a repetitive, systematic manner; of a routine which engenders habituation of comfort, and of identity harkening to obsession of similitude.  It is said of Kant that his neighbors set and corrected their watches and clocks according to the regularity of his walks, as his life maintained a predictability of precision so reliable that error could only be ascribed to a mechanical defect, and never to his human constancy.

It is as if there is an internal “checklist” in order to attain a progression of human development, and in an effort to achieve that advancement, both of thought and of physical growth, we must be assured of completion and fulfillment.  But medical conditions are never like that; we cannot “do something about it” and expect to “check it off” of our “to-do” list, only to move on to the next item on the itinerary.  A pastor once quipped, “Where there are people, there are problems.”  True enough; although, there could have been an addendum:  “And where there are problems, you can always find impure motives.”

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 problem is one of duality of purpose:  For the Federal or Postal employee suffering from a medical condition, the approach of attempting to “check off” the medical condition as another item on a “to-do” list is always rebutted by the stark reality of the medical condition itself; and from the Federal agency’s perspective (or the Postal Service’s), the thought-process of “when will it go away” simply avoids the issue, and fails to address the problem of the conflict which arises.

Thus, the benefit of OPM Disability Retirement is there for the Federal or Postal employee, precisely to allow for those circumstances in which (A) the medical condition no longer allows the Federal or Postal employee to be able to perform all of the essential elements of one’s positional duties, (B) the medical condition will last a minimum of 12 months — not that one must wait for 12 months, but rather, that the prognosis by a doctor or medical provider is willing to state that the medical condition will, within reasonable medical probability, last for that long, and (C) accommodation of the medical condition is not possible, and reassignment to a position at the same pay or grade will not ameliorate the situation.

In the end, medical conditions defy the human attempt to treat it as merely another obstacle to overcome, or an irritant to set aside.  It is a condition of human existence which represents a trial for a linear life we attempt to manage, when in fact a change of course is often the remedy, and not the repetition of comfort found in the thoughtless quietude of habit.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Pivotal Moments

In basketball, it is a key movement of escaping an opponent’s attempt to block or steal the ball, so long as one foot retains its point of contact with the hardwood floor.  In the game of greater life, it is a moment, in contradistinction from a singular series of movements, comprising the culmination of a spectrum of events, which requires a decision of exponentially quantified significance, such that it may be considered metaphorically to be “earth shaking”.

It can seemingly be as minor an event as when the first confrontation occurred as a child, challenging one to a fist fight; but, in retrospect, win or lose, that moment was pivotal in the sense that it determined the future character of an individual’s make-up:  of courage or cowardice, of fight or flee, and of facing up or turning away.  Or, of greater relevance, at least on a memory and consciousness level, of a career choice, of which school to attend, of whom to marry, and of raising a family despite difficulties, or divorcing with impressionable regrets.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is just one of those “pivotal moments” — it is a point of reference, the proverbial “fork in the road”, and the Frost-like road less traveled.  For many Federal and Postal employees, whether under FERS, CSRS or CSRS Offset, “sticking it out” and enduring the pain, the constant harassment and pernicious hostile environment, is actually the path of least resistance, precisely because the repetition of habitual comfort is often preferable to the unseen, unknown and unforeseen.

Like the basketball player who must maintain the point of contact with one foot while moving about on the other lest the referee’s whistle blows for a traveling violation, the Federal or Postal employee who suffers from a medical condition such that he or she is no longer able to perform all of the essential elements of one’s positional duties, remains within the “safety net” of the greater arena of life.

But within that macro-context of one’s future, whether one remains or takes an affirmative step by preparing, formulating and filing for Federal Disability Retirement benefits through OPM, will determine that future orientation where retrospective dismay may tether the soft landings of past regrets, when once butterflies fluttered like the dreaming spirits of yesteryear for pivotal moments once grasped at, but lost forever in the floating vestiges of our memories of yore gone and long forgotten.

Sincerely,

Robert R. McGill, Esquire